Promina Design & Construction Pty Ltd v The Owners – Strata Plan No. 97449 [2023] NSWCATAP 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Promina Design & Construction Pty Ltd v The Owners – Strata Plan No. 97449 [2023] NSWCATAP 122 Hearing dates: 26 April 2023 Date of orders: 04 May 2023 Decision date: 04 May 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) The application for a stay is dismissed. (2) Should the respondent seek an outcome other than there being no order made as to costs, then it is to lodge submissions and evidence in support of its costs application with the Appeal Registry and give them to the appellant within 14 days of the publication of these orders. (3) Any submissions and evidence in response to the costs application are to be lodged with the Appeal Registry and given to the respondent within 14 days thereafter. (4) Submissions on the application for costs are not to exceed five pages in length. (5) The Appeal Panel may dispense with a hearing and determine any application for costs on the basis of the written submissions and evidence provided. If the parties oppose this course they should make submissions on this issue when complying with the directions as to their submissions on the substantive costs application. Catchwords: APPEAL – application for a stay – whether order transferring proceedings from Tribunal to a Court capable of being stayed by Appeal Panel of the Tribunal – whether order transferring proceedings had already been given effect to or has future effect Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Home Building Act 1989 (NSW) Cases Cited: AVS GROUP OF COMPANIES PTY LTD v COMMISSIONER OF POLICE [2010] NSWCA 81 Bentran v Sabbarton [2014] NSWCATAP 37 Diao v Rawson Homes Pty Ltd [2021] NSWCATAP 273 John v Rees [1970] Ch 345 at 402 Reid & Robinson Builders Pty Limited trading as John Robinson Elite Constructions v Cleal [2021] NSWCATAP 348 Wilson v Chan & Naylor; Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan & Naylor Parramatta Trust [2018] NSWCATAP 311 Texts Cited: None cited Category: Procedural rulings Parties: Promina Design & Construction Pty Ltd (Appellant) The Owners – Strata Plan No. 97449 (Respondent) Representation: Counsel: T Smartt (Appellant)