Draybi Bros Pty Ltd v Bede Diab, John Maklouf, Jihad Dib, Mohammad Chahrouk Draybi Bros Pty Ltd v Bede Diab, John Maklouf, Jihad Dib [2014] NSWCATCD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Draybi Bros Pty Ltd v Bede Diab, John Maklouf, Jihad Dib, Mohammad Chahrouk Draybi Bros Pty Ltd v Bede Diab, John Maklouf, Jihad Dib [2014] NSWCATCD 67 Hearing dates: 21 June 2013 Decision date: 31 January 2014 Before: M Harrowell, Principal Member Decision: Applications HB 10/47685 and HB 10/47969 are transferred to the District Court of New South Wales that has jurisdiction in the matters, to continue before that Court as if they had been instituted there. Any application for costs is to be made to the Tribunal within 21 days of the date of publication of these orders and reasons, accompanied by submissions and any affidavits in support, and the applications thereafter listed for directions. In the event no applications for costs are made, the Tribunal orders that the costs of the applications to transfer the proceedings shall follow the event. Catchwords: Equitable estoppel, section 48K limits on Tribunal jurisdiction, the meaning of "a court" Legislation Cited: S 48K - Home Building Act 1989 S 6 - Law Reform (Law and Equity) Act 1972 S 23 - Consumer Trader and Tenancy Tribunal Act 2001 Category: Principal judgment Parties: Draybi Bros Pty Ltd (Applicant) Bede Diab (First respondent) John Maklouf (Second respondent) Jihad Dib (Third respondent) Mohammad Chahrouk (Fourth respondent) Representation: Mr Carter for Draybi Bros Pty Ltd instructed by Doyles Construction Lawyers; Mr Reynolds for Mssrs Diab, Dib and Chahrouk instructed by Ray Wehbe & Co File Number(s): HB 10/47685 and HB 10/47969