Complete Irrigation NSW Pty Ltd v John McMillan [2015] NSWCATAP 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Complete Irrigation NSW Pty Ltd v John McMillan [2015] NSWCATAP 34 Hearing dates: 13 January 2015 Date of orders: 13 January 2015 Decision date: 06 March 2015 Before: J Redfern, Principal Member G Meadows, Senior Member Decision: Appeal dismissed. Matter remitted for hearing with directions. Catchwords: APPEAL – ancillary decision – question of law – jurisdiction to determine matter where previous adjudication of the issues – whether proceedings frivolous or vexatious Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Civil and Administrative Appeal Tribunal Act 2013 (NSW) Cases Cited: Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd [2005] NSWCA 49 Brodyn Pty Ltd t/as Time Cost and Quality v Davenport and Anor [2004] NSWCA 394 General Steel Industries Inc v Commissioner for Railways (NSW) ; Texts Cited: Macquarie Dictionary (Online Edition) Category: Principal judgment Parties: Complete Irrigation NSW Pty Ltd (Appellant) John McMillan (Respondent) Representation: Not applicable File Number(s): AP 14/46406 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2014] NSWCATCD 75 Date of Decision: 13 May 2014 Before: J Ringrose, General Member File Number(s): GEN 14/03093