Layoun v Multiproperties Pty Ltd (No 2) [2023] NSWCATAP 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Layoun v Multiproperties Pty Ltd (No 2) [2023] NSWCATAP 223 Hearing dates: On the papers Date of orders: 11 August 2023 Decision date: 11 August 2023 Jurisdiction: Appeal Panel Before: S Thode, Principal Member D Robertson, Senior Member Decision: (1) Pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW) dispense with a hearing concerning whether the respondent should repay the appellant the moneys found not to have been owed. (2) Order the respondent Multiproperties Pty Ltd to pay to the appellant George Layoun, within 14 days of the date of publication of this decision, the sum of $20,948.20. Catchwords: APPEALS — Procedure – Orders on appeal – Restitution – Where judgment partially set aside on appeal has been paid prior to determination of the appeal – Possibility that costs order may be made against successful appellant on remittal of issue of costs of first instance proceedings is not sufficient reason to decline to make an order for restitution of the overpayment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: None Cited Texts Cited: None Cited Category: Consequential orders Parties: George Layoun (Appellant) Multiproperties Pty Ltd (Respondent) Representation: Solicitors: Centurion Lawyers (Respondent) File Number(s): 2022/00314737 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 13 October 2022 Before: D Goldstein, Senior Member File Number(s): COM 21/05854; COM 21/23405