Manca v Tullipan Homes Pty Ltd [2023] NSWCATAP 329

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Manca v Tullipan Homes Pty Ltd [2023] NSWCATAP 329 Hearing dates: 23 November 2023 Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Appeal Panel Before: Balla ADCJ, Principal Member G Sarginson, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. 3. In the event that a party wishes to bring a costs application, such application must be lodged in the Appeal Panel Registry and served on/given to the costs respondent within 14 days of the date of the orders either attaching or referring to the documents relied upon in support of the application. 4. The costs respondent will have 14 days after the date it or they receive the application to lodge in the Appeal Panel Registry and serve on/give to the costs applicant its or their submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 5. The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties' written submissions and attached documents, if any, without the need for a hearing. 6. Subject to the parties' submissions, the Appeal Panel will determine any costs application made on the basis of the papers lodged in the Appeal Panel Registry. Catchwords: APPEAL – error on a question of law - leave to appeal - appeal from an interlocutory decision – appeal from an ancillary decision Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 4, 32, 80, cl 12 sch 4 Cases Cited: Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223 Attorney-General (NSW) v X (2000) 49 NSWLR 653; [2000] NSWCA 199 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Gerlach v Clifton Bricks Pty Limited (2002) 209 CLR 478; [2002] HCA 22 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Lawrence v Ciantar [2020] NSWCA 89 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Dion Robert Manca (Appellant) Tullipan Homes Pty Limited (Respondent) Representation: Counsel: D F Feller SC (Appellant) I George (Appellant) D Miller SC (Respondent) J Granger (Respondent)