JJ Built This Pty Ltd v Secretary, Department of Customer Service [2025] NSWCATAP 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: JJ Built This Pty Ltd v Secretary, Department of Customer Service [2025] NSWCATAP 5 Hearing dates: 30 August 2024 Date of orders: 03 September 2024 Decision date: 03 January 2025 Jurisdiction: Appeal Panel Before: Balla, ADCJ, Principal Member J Sullivan, Senior Member Decision: (1) Leave to appeal in each of the two appeals is refused. (2) Both appeals are dismissed. (3) Both applications for a stay are refused. (4) The directions hearing listed for 4 September 2024 for case management of the substantive matter is confirmed. (5) The Appellant is to pay the costs of all three Respondents in respect of each of the two appeals. Catchwords: APPEALS — Procedural Orders prior to determination of the substantive proceedings — Interlocutory Decisions — Leave to appeal not granted — Appeals dismissed — Award of Costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 5, 36, 55, 80, Sch4, cl 12 Civil Procedure Act 2005 (NSW), s 56 Home Building Act 1989 (NSW), ss 48D, 48E, 48O Cases Cited: Albecz v Bloom [2024] NSWCA 166 Australian Press Council Inc v Southey [2022] NSWCATAP 127 Collins v Urban [2014] NSWCATAP 17 Crystele Designer Homes Pty Ltd v Wood [2023] NSWCATAP 242 Hermes Nominees Pty Ltd v Shepherd [2024] NSWCATAP 36 Jain v Dr N Kalokerinos Pty Ltd [2023] NSWCATAP 141 Orr v Cobar Management Pty Ltd [2020] NSWCCA 220 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 Soulis v R & A Henry Auto Repairs Pty Ltd [2021] NSWCATAP 338 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Texts Cited: None Category: Principal judgment Parties: JJ Built This Pty Ltd t/as JJJ Constructions (Appellant) Secretary, Department of Customer Service (First Respondent) Jason Ensor (Second Respondent) Rana Ensor (Third Respondent) Representation: Counsel: C A Lambert (First Respondent)