Hadidi v Owners Corporation Strata Plan 84787 [2015] NSWCATAP 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hadidi v Owners Corporation Strata Plan 84787 [2015] NSWCATAP 74 Hearing dates: 15 April 2015 (on papers) Date of orders: 05 May 2015 Decision date: 05 May 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President R Titterton, Senior Member Decision: 1. The appellant's application to extend time for the filing of the Notice of Appeal is refused. 2. The appeal is dismissed. 3. The appellant is ordered to pay the respondent's costs as agreed or, if not agreed, assessed on the basis set out in Division 11 of Part 3.2 of the Legal Profession Act 2004. Catchwords: APPEAL –Civil and Administrative Tribunal – appeal by appellant builder against an order that he pay respondent $500,000 and costs – appeal lodged out of time – delay short but prospects of success minimal – extension of time refused PROCEDURAL FAIRNESS – opportunity to present evidence and cross-examine witnesses – self-represented party - COSTS – whether special circumstances exist warranting an award of costs – unmeritorious appeal – non- compliance with directions – unnecessarily disadvantaging a party – costs awarded Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80, s 36 Civil and Administrative Tribunal Rules 2014 (NSW) r 25(4) Cases Cited: Ahmad El Ahmad v Reyes.[2015] NSWCATAP 50 Cheung v Yang [2013] NSWSC 1694 Gallo v Duflou [2014] NSWCATAP 115 Italiano v Carbone (1994) [2005] NSWCA 177 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Lee v Cha [2008] NSWCA 13 GPI Leisure Corp Ltd v Herdsman Investments Pty Ltd (No 3) (1990) 20 NSWLR 15 Randwick City Council v Fuller (1996) 90 LGERA 380 Titan v Babic (1994) 126 ALR 455 Wakim v Mathiew Pty Ltd [2002] NSWSC 405 Category: Principal judgment Parties: George Hadidi (Appellant) Owners Corporation Strata Plan 84787 Representation: Solicitors: Appellant (self-represented) Kreisson Legal (Respondent) File Number(s): AP 14/49164 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Date of Decision: 6 August 2014 Before: G Meadows, Senior Member File Number(s): HB 13/10183