Just v Wu [2023] NSWCATEN 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Just v Wu [2023] NSWCATEN 1 Hearing dates: 31 January 2023 Date of orders: 31 March 2023 Decision date: 31 March 2023 Jurisdiction: Enforcement Before: Coleman SC ADCJ, Principal Member Decision: (1) The application to refer the Respondent to the Supreme Court for contempt is refused. (2) The application for a vexatious proceedings order against the Respondent is refused. (3) Within 28 days, each party file and serve a document setting out with precision the orders sought by that party to give effect to the orders of the Tribunal of 26 November 2020, together with the lay and expert evidence in affidavit form upon which the party relies. (4) Neither party is to file an affidavit exceeding 10 pages in length (exclusive of annexures) without the leave of the Tribunal. (5) Grant leave to the parties to be legally represented. (6) A party seeking an order for costs of these proceedings file and serve written submissions in support of such application not exceeding 5 pages in length within 28 days. (7) A party resisting a costs application file and serve written submissions in opposition to such order not exceeding 5 pages in length within 28 days. (8) A party opposing an order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing of any costs application include submissions in support of such opposition in any submissions filed pursuant to order 6 or 7 of these orders. Catchwords: PRACTICE AND PROCEDURE- contempt- application for referral to Supreme Court under s 73(5) of the Civil and Administrative Tribunal Act 2013 (NSW)- whether conduct of Respondent capable of constituting contempt of the Tribunal- whether Tribunal has jurisdiction to declare Respondent vexatious litigant- whether Tribunal should attempt to determine outstanding issues with respect to orders for erection of dividing fence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Dividing Fences Act 1991 (NSW) Evidence Act 1995 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Attorney General v Wilson [2010] NSWSC 1068 Australian Meat Industry Employees Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 97 Brogden v Attorney General [2001] NZCA 208 Burns v Corbett [2015] NSWCATAD 188 Cachia v Hanes [1994] HCA 14; 179 CLR 403 DVI v ZTT [2021] NSWCATEN 4 Falletta v Cook [2008] NSWSC 431 Mohareb v Palmer [2017] NSWCA 281 Official Trustee in Bankruptcy v Gargan (No 2) [2009] FCA 398 Singh v The Owners Strata Plan 11723 [2013] NSWSC 1595 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525 Category: Principal judgment Parties: Allan Francis Just (Appellant) Yijing Walter Wu (Respondent) Representation: Solicitors: Appellant (Self-represented) R Johnson (Respondent) File Number(s): PC 22/13182 Publication restriction: Nil