Draybi Bros Pty Ltd v Diab [2014] NSWCATAP 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Draybi Bros Pty Ltd v Diab [2014] NSWCATAP 74 Hearing dates: 18 September 2014 Decision date: 29 October 2014 Jurisdiction: Appeal Panel Before: Acting Judge K P O'Connor, AM, Deputy President J Smith, Senior Member Decision: Appeal dismissed. As to respondents' application for costs, see paragraph [25] of these reasons. Catchwords: COSTS - Appeal against order relating to interlocutory motion - whether should have been deferred until conclusion of proceedings - scope of discretion - contested application for transfer of proceedings to District Court - application granted - proportionate order - no question of law raised - appeal dismissed. Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2002, having regard to the transitional provisions of the Civil and Administrative Tribunal Act 2013 Consumer, Trader and Tenancy Regulation 2009 Cases Cited: Lo v Chief Commissioner of State Revenue (2013) 85 NSWLR 86 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 PT Ltd v Spuds Surf Chatswood Pty Ltd [2013] NSWCA 446 Category: Principal judgment Parties: Draybi Bros Pty Ltd (A) B Diab (R1) J Maklouf (R2) J Dib (R3) M Chahrouk (R4) Representation: J P Doyle (A) P D Reynolds (R1,R3, R4) Doyles Construction Lawyers (A) Wehbe & Co (R1, R3, R4) File Number(s): AP 14/46458 Decision under appeal Jurisdiction: 150003 Citation: Draybi Bros Pty Ltd v Diab & ors [2014] NSWCATCD 99 Date of Decision: 2014-06-17 00:00:00 Before: Harrowell PM File Number(s): HB 10/47685, HB 10/47969