Monisse v Kontelj [2022] NSWCATAP 373

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Monisse v Kontelj [2022] NSWCATAP 373 Hearing dates: On the papers Date of orders: 17 November 2022, 21 November 2022 Decision date: 29 November 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: Orders made 17 November 2022: (1) The Appeal is listed for a Call Over and Hearing of the Application for a Stay on 30 November 2022 at 11:30 AM. (2) On or before 22 November 2022 Paul Monisse (APPELLANT) is to lodge with the Appeal Registry and give to the other parties any further evidence and submissions in support of the Application for a Stay by email. (3) On or before 28 November 2022 the respondents are to lodge with the Appeal Registry and give to the other party any evidence and submissions in opposition to the Application for a Stay by email. Orders made 21 November 2022: (1) The Tribunal dispenses with a hearing of the application for an extension of time to lodge evidence and to adjourn the hearing of the application for a stay pursuant to s 50(2) Civil and Administrative Tribunal Act 2013. (2) The application by Paul Monisse (Appellant) to adjourn the listing on 30 November 2022 and for an extension of time is refused. Notation: If the Appellant does not have the evidence to support the Application for a Stay, the application should be withdrawn and may be renewed in the future if the order is not enforced prior. Catchwords: PRACTICE AND PROCEDURE – application for a stay – need for evidence to substantiate allegation stay warranted – factors to be weighed in consideration of granting ex parte stay whilst the application is listed for determination at hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Bentran v Sabbarton [2014] NSWCATAP 37 New South Wales Bar Association v Stevens [2003] NSWCA 95 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 Texts Cited: None cited Category: Procedural rulings Parties: Paul Monisse (Appellant) Davis Kontelj (First Respondent) Ella O'Brien (Second Respondent) Benjamin Campbell (Third Respondent) Duy Do (Fourth Respondent) Representation: Appellant (Self represented) Respondents (Self represented) File Number(s): 2022/00343170 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Reported Date of Decision: 27 October 2022 Before: J Levingston, General Member File Number(s): RT 22/32074