J A Briscoe v Jamdau Investments Pty Ltd (in liquidation) ACN 104852968 [2014] NSWCATCD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: J A Briscoe v Jamdau Investments Pty Ltd (in liquidation) ACN 104852968 [2014] NSWCATCD 24 Hearing dates: 12 March 2014 Decision date: 14 March 2014 Jurisdiction: Consumer and Commercial Division Before: M Harrowell, Principal Member Decision: 1. This application to set aside the decision of the Tribunal made in application HB 06/53466 on 8 July 2009 is stayed until further order or until conclusion of the Supreme Court of New South Wales proceedings number 2013/266992, whichever is the earlier. 2. The applicant is directed to file in the Tribunal a copy of any orders and reasons made in which finally determine or otherwise dispose of the Supreme Court Proceedings within 7 days of those orders or reasons being published by the Supreme Court. 3. The applicant is to pay the costs of the proceedings before the Tribunal on 4 and 12 March 2014, such costs to be agreed or assessed on an ordinary basis. 4. The remainder of any costs of the application to the Tribunal is reserved pending an outcome of the Supreme Court proceedings. Catchwords: Abuse of process, stay of concurrent proceedings Legislation Cited: Consumer Trader and Tenancy Tribunal Act 2001 Category: Principal judgment Parties: Judith Anne Briscoe (applicant) Jamdau Investments Pty Ltd (in liquidation) ACN 104852968 (respondent) Representation: C Bannon of counsel for the applicant M Pavey solicitor for the respondent File Number(s): HB 14/11133 Publication restriction: Unrestricted