Donohoe v Eastwood [2023] NSWCATAP 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Donohoe v Eastwood [2023] NSWCATAP 15 Hearing dates: 23 January 2023 Date of orders: 30 January 2023 Decision date: 30 January 2023 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member G Burton SC, Senior Member Decision: 1. The time for lodging the Notice of Appeal is extended to 27 October 2022. 2. The appeal is allowed. 3. The order made on 16 August 2022 is set aside. 4. In lieu thereof the following order is made. 5. The respondent (Heidi Eastwood) is entitled to be paid $19,639.97 by the appellant (Christopher James Donohoe). 6. As the appellant has already paid that amount, he is not liable to make any further payment in respect of the application with the reference HB 22/21536. Catchwords: APPEAL – Failure to deduct balance of contract price in money order made in renewal proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 4, 80(2) Civil and Administrative Tribunal Rules 2014 (NSW) cl 25 Cases Cited: Bellgrove v Eldridge [1954] HCA 36 Haines v Bendall [1991] HCA 15 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Category: Principal judgment Parties: Christopher James Donohoe (Appellant) Heidi Lorraine Eastwood (Respondent) Representation: Appellant (self-represented) P White (respondent) File Number(s): 2022/00322730 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2022] NSWCATCD Date of Decision: 16 August 2022 Before: D Charles, Senior Member File Number(s): HB 22/21536