Massoud Dogmesaz t/as Symphony Kitchens v Margaret Christine Moss [2015] NSWCATAP 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Massoud Dogmesaz t/as Symphony Kitchens v Margaret Christine Moss [2015] NSWCATAP 95 Hearing dates: 24 April 2015 Date of orders: 22 May 2015 Decision date: 22 May 2015 Jurisdiction: Appeal Panel Before: The Hon D A Cowdroy OAM QC, Principal Member and P H. Molony, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is otherwise dismissed. 3. The Appellant pay the costs of the appeal. Catchwords: Practice and Procedure: Application for leave to appeal: appellant failing to attend callover and hearing-: no adequate explanation for such failure: no arguable defence; leave refused [include all causes listed in decision]. Legislation Cited: Civil and Administrative Tribunal Act 2013 No 2 (NSW) Home Building Act 1989 . Cases Cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344; Collins v Urban [2014] NSWCATAP 17 at [84]; Aon Risk Services Australia Pty Limited v Australian National University [2009] HCA 27; Queensland v J. L. Holdings Pty Ltd (1997) 189 CLR 146; Category: Principal judgment Parties: Massoud Dogmesaz t/as Symphony Kitchens (Appellant) Margaret Christine Moss (Respondent) Representation: Appellant Mr Adams:

Respondent: Mr T Martmann File Number(s): AP 15/03608 Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: [2014] NSWCAT Date of Decision: 31 December 2014 Before: P Boyce, Senior Member File Number(s): HB 14/19792