Agha v Commissioner for Fair Trading [2023] NSWCATOD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Agha v Commissioner for Fair Trading [2023] NSWCATOD 168 Hearing dates: 4 September 2023 Date of orders: 18 October 2023 Decision date: 18 October 2023 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Decision: 1. The application to refer a question of law to the Supreme Court of NSW is dismissed. 2. If the applicant seeks his costs, he should file and serve submissions on or before 1 November 2023. 3. The respondent may respond on or before 15 November 2023. 4. The applicant may reply on or before 22 November 2023. 5. Submissions are to be limited to 5 pages and must identify the relevant costs rule. 6. The Tribunal proposes to determine the issue of costs on the papers and without a hearing. If either party opposes that course, they should address that issue in their submissions. 7. The proceedings will be listed for directions. Catchwords: PRACTICE AND PROCEDURE - question of law – referral to Supreme Court – principles Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 53(3), 58 Civil and Administrative Tribunal Act 2013 (NSW), ss 54, 80 Corporations Act 2001 (Cth), ss 181, 182, 183, 1317E Property Stock and Agents Act 2002 (NSW) Cases Cited: Agha v Devine Real Estate Concord Pty Ltd & Ors [2021] NSWCA 29 ALZ v WorkCover NSW [2015] NSWCATAD 41 Attorney General of New South Wales as Intervenor [2022] NSWCATAP 270 Commissioner of Police, NSW Police Force [2017] NSWCATOD 37 CTS v NSW Trustee and Guardian [2017] NSWCATAD 119 Devine Real Estate Concord Ply Ltd & Ors v Wajih Agha (aka Roger Agha) & Anor [2019] NSWSC 786 Frugtniet and Australian Securities and Investments Commission [2022] AATA 295 Five D Pty Ltd v Impact Building Pty Ltd [2007] NSWSC 993 Frugtniet and Australian Securities and Investments Commission [2022] FCAFC 14 Ham and Practitioners Board (Taxation) [2017] AATA 1642 Hunter v Chief Constable of West Midlands [1981] 3 All ER 727 Independent Liquor and Gaming Authority v Auld [2018] NSWCATAP 68 Milner v Kincumber Nautical Village Pty Ltd v Morris [2020] NSWCATAP 263 Legal Services Commissioner v Bryden [2009] NSWADT 76 Legal Services Commissioner v Potkonyak (No. 2) [2017] NSWCATOD 134 New South Wales Bar Association v Somosi [2001] NSWCA 285 Registrar of Births, Deaths and Marriages v FJG & FJH; Attorney General of New South Wales as Intervenor [2022] NSWCATAP 270 Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 36 FLR 482 Ridley v Secretary, Department of Social Security and Minister for Immigration and Multicultural Affairs v SRT (1999) 91 FCR 234 State Bank of New South Wales Ltd v Alexander Stenhouse Ltd; State Bank of New South Wales Ltd V HIH Winterthur Underwriting & Agency Services Ltd & Ors (1997) Aust Torts Reports 81-423 Sudath v Health Care Complaints Commission [2012] NSWCA 171 The Minister for Immigration and Ethnic Affairs v Gungor (1982) 63 FLR 441 Thorpe v Commissioner of Taxation [2011] AATA 638 Zonnevylle v Secretary, Department of Education [2022] NSWCATAD 12 Texts Cited: None cited Category: Procedural rulings Parties: Wajih Agha (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: J Horowitz (Applicant) C Lambert (Respondent)