Elmaadawy v Decent Designs Pty Ltd [2025] NSWCATAP 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elmaadawy v Decent Designs Pty Ltd [2025] NSWCATAP 45 Hearing dates: 2 December 2024 Date of orders: 10 February 2025 – stay application 04 March 2025 Decision date: 04 March 2025 Jurisdiction: Appeal Panel Before: E Bishop SC, Senior Member PH Molony, Senior Member Decision: (1) The appeal is dismissed. (2) If any party wishes to make an application for a costs order, they are to lodge and serve a costs application, including submissions limited to two pages and any evidence in support, on or before 14 days from the date of this decision. (3) The respondent to the costs application is to lodge and serve any submissions limited to two pages and any evidence in reply on or before 28 days from the date of this decision. (4) The parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. If a hearing is not dispensed with, the parties will be advised of a date for the hearing of the application. Catchwords: APPEALS — home building — exercise of discretion — adequacy of evidence APPEALS — Procedure — Stay pending appeal — abuse of process — relitigating interlocutory application — oppressive — contrary to administration of justice Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 80(2), cl 12(1) of Sch 4 Home Building Act 1989 (NSW), s 10 Cases Cited: Beck v Colonial Staff Super Pty Ltd (No 2) [2015] NSWSC 1360 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Nominal Defendant v Manning (2000) 50 NSWLR 139; [2000] NSWCA 80 NSW Bar Association v Stevens [2003] NSWCA 95 Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220. Orr v Hunter Quarries Pty Ltd [2022] NSWCCA 39 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Quach v New South Wales Health Care Complaints Commission (No 3) [2016] NSWCA 284 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan 7 Naylor Paramatta Trust [2020] NSWCA 62 Texts Cited: None Category: Principal judgment Parties: Mahmoud Elmaadawy Decent Designs Pty Ltd Representation: Appellant (self-represented) Respondent (self-represented) File Number(s): 2024/00321447 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 6 August 2024 Before: D Goldstein, Senior Member File Number(s): 2023/00443594, 2024/00021374