Fadel v Siotor [2024] NSWCATAP 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fadel v Siotor [2024] NSWCATAP 123 Hearing dates: 27 February 2024 and 2 May 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Appeal Panel Before: G Sarginson, Senior Member P H Molony, Senior Member Decision: (1) The appeal against the order made by the Consumer Trader and Tenancy Tribunal order made 2 August 2012 in HB12/17936 is dismissed, as the Appeal Panel does not have jurisdiction to hear it. (2) An extensions of time to enable the appellant to appeal the decision made by the Civil and Administrative Tribunal in HB12/17936 on 2 November 2023 is refused. The appeal is dismissed accordingly. Catchwords: APPEALS – Internal Appeal – jurisdiction – general jurisdiction – no jurisdiction to hear an internal appeal against a correction order made under s 50 of the Consumer Trader and Tenancy Tribunal Act 2009 (NSW) (Repealed) – no jurisdiction to hear an internal appeal against a decision made in the Consumer Trader and Tenancy Tribunal in 2012 – consideration of transitional provisions in Cl 9 and 10 of Sch 1 of the Civil and Administrative Tribunal Act 2013 (NSW) PRACTICE and PROCEDURE – extension of time – refused where no jurisdiction to hear internal appeals Legislation Cited: Civil and Administrative Tribunal Act (NSW); s 29, s 32, s 41, s 63, s 80, s 81, Sch 1 cl 6, 9 and 10 Consumer Trader and Tenancy Tribunal Act 2001 (NSW) (Repealed); s 50, s 67 and s 68 Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW) (Repealed); cl 22 Cases Cited: Chadwick v NSW Land and Housing Corporation [2022] NSWCATAP 62 Ex parte McGavin; Re Berne (1945) 46 SR (NSW) 58 Forrest v Director of Public Prosecutions (NSW) [2020] NSWCA 162 Giappichello and Anr v Eakin's A-1 Pools Pty Ltd [2015] NSWCATAP 141 Griffin v Ingram [2014] NSWCATAP 5 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 NSW Land and Housing Corporation v Diab [2014] NSWCATAP 8 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Sunaust Properties Pty Ltd t/as Central Sydney Realty v The Owners – Strata Plan No 64807 [2023] NSWCA 188 Texts Cited: Pearce, Statutory Interpretation in Australia 10ed 2024, at [9.1]; Category: Principal judgment Parties: Mahmoud Fadel (Appellant) Eva Siotor (Respondent) Representation: Appellant (represented by his son) Respondent (self-represented) File Number(s): 2023/00440064 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 02 August 2012 Before: M Eftimiou, General Member File Number(s): HB 12/17936