Punjabi Fusion Group Pty Ltd v Joseph John Romanos [2023] NSWCATCD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Punjabi Fusion Group Pty Ltd v Joseph John Romanos [2023] NSWCATCD 98 Hearing dates: On the papers Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Consumer and Commercial Division Before: D Bluth, Senior Member Decision: (1) A hearing of the Respondent's summary dismissal application is dispensed with. (2) The proceedings are dismissed pursuant to s55 (1) (b) of the Civil and Administrative Tribunal Act 2013 (NCAT). (3) Each party to pay their own costs proceedings. (4) In the event either party contends a different costs order should be made, the following order and directions are made: 1. The cost applicant is to file application for costs (limited to 3 pages) within 14 days from the date of publication of these orders, including submissions about whether an order can be made dispensing with a hearing pursuant to s50 (2) of the NCAT. 2. The respondent to the costs application is to file and serve any submissions in reply (limited to 3 pages) within 28 days from the date of these orders, including submissions about whether an order can be made dispensing with a hearing pursuant to s50 (2) of NCAT. 3. Order 3 ceases to have effect if a cost application is filed in the time permitted by these orders. Catchwords: Summary dismissal, want of jurisdiction, Renewal of proceedings Legislation Cited: Civil and Administrative Act, 2015, s55, Schedule 4,Cl 8 Retail Leases Act, 1994, s70 Cases Cited: Aldous v State of New South Wales [2021] NSWSC 668 Brown v Rezitis [1970] HCA 56 Fancourt v Mercantile Credits Ltd(1983) 154 CLR 87 Hasabrabo v Liquor and Gaming NSW [2020] NSWCATAD254 Lovecek v JV Idola Pty Ltd [2011] NSWADT 18 Category: Principal judgment Parties: Punjabi Fusion Group Pty Ltd ( Applicant/ Respondent on the Interlocutory Application) Joseph John Romanos ( Respondent) Representation: Counsel: Mark Auld (Applicant/ Respondent on the Interlocutory Application) Matthew J Jones (Respondent/ Applicant on the Interlocutory Application)