Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sally Haddad v Homeland Village Pty Ltd [2015] NSWCATAP 128 Hearing dates: On the papers. Date of orders: 02 July 2015 Decision date: 02 July 2015 Jurisdiction: Appeal Panel Before: D Patten, Principal Member P Boyce, Senior Member Decision: 1. Appeal by Ms Haddad AP14/59183 dismissed for want of prosecution. 2. Homeland Village Pty Ltd has leave to make submissions as to its appeal AP15/03605 and as to the costs of appeal AP14/59183 within 14 days. 3. Ms Haddad has leave to reply to any such submissions within a further 14 days. 4. Appeal AP15/03605 and any application for costs of appeal AP14/59183 to be decided on the papers. Catchwords: Defective notice to carry out fencing works; costs Legislation Cited: Dividing Fences Act 1991 Civil and Administrative Tribunal Act 2013 Cases Cited: None Texts Cited: None Category: Procedural and other rulings Parties: Sally Haddad (Appellant) Homeland Village Pty Ltd (Respondent) Representation: Ms Sarah Haddad (Counsel for Ms Sally Haddad) Mr R Locker (Solicitor for Homeland Village Pty Ltd) File Number(s): AP 14/59183, AP 15/03605 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NCAT Jurisdiction: Consumer and Commercial Division Date of Decision: 18 December 2014 Before: K Ross, Member File Number(s): COM 14/12706 REASONS FOR DECISION 1. There are two appeals before the panel. 2. The first by Ms Haddad against the order made below by the Tribunal on 7 November 2014 when it dismissed her application under the Dividing Fences Act 1991 on the grounds that it had no jurisdiction. 3. The second appeal by Homeland Village Pty Ltd the respondent below is against the Tribunal's refusal on 18 December 2014 to make an order for costs in its favour. 4. The two appeals respectively numbered AP14/59183 and AP15/03605 came before Principal Member Redfern on 29 January 2015. She directed that Ms Haddad file and serve any material by 12 February 2015 and that Homeland file and serve notice of reply and any material by 18 March 2015. 5. Neither of those directions was complied with. Nor did Ms Haddad respond to a letter calling upon her to comply with the direction requiring action on her part within 14 days. 6. It is we think appropriate that Ms Haddad's appeal that numbered AP14/59183 be dismissed for want of prosecution under S.55 (1)(d) of the Civil and Administrative Tribunal Act 2013. 7. As Homeland Village Pty Ltd may have thought that the direction requiring action on its part was conditional upon prior compliance with the earlier direction by Ms Haddad we will give it an opportunity to make submissions on appeal AP15/03605. Orders:- 1. Appeal by Ms Haddad AP14/59183 dismissed for want of prosecution. 2. Homeland Village Pty Ltd has leave to make submissions as to its appeal AP15/03605 and as to the costs of appeal AP14/59183 within 14 days. 3. Ms Haddad has leave to reply to any such submissions within a further 14 days. 4. Appeal AP15/03605 and any application for costs of appeal AP14/59183 to be decided on the papers. I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 02 July 2015