Giappichello and Anr v Eakin’s A-1 Pools Pty Ltd [2015] NSWCATAP 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Giappichello and Anr v Eakin's A-1 Pools Pty Ltd [2015] NSWCATAP 141 Hearing dates: 21 April 2015 and 25 May 2015 Date of orders: 14 July 2015 Decision date: 14 July 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member D Robinson, Principal Member Decision: (1) Appeal dismissed;

(2) Any applications for costs are to be filed and served within 14 days of the date of these reasons, such applications to include any submissions.

(3) Any submissions in reply are to be filed and served within 28 days of the date of these reasons.

(4) Any submissions are to also address the question of whether or not the application for costs can be dealt with on the papers. Catchwords: Consumer Trader and Tenancy Tribunal- jurisdiction of Appeal Panel in respect of a decision made prior to the establishment of the NSW Civil and Administrative Tribunal (NCAT) Section 68 of the Consumer Trader and Tenancy Tribunal Act, 2001- validity of decision made after the establishment of NCAT and jurisdiction of Appeal Panel to determine an appeal from such a decision. Legislation Cited: Consumer Trader and Tenancy Tribunal Act, 2001; Civil and Administrative Tribunal Act No2, 2013 Cases Cited: NSW Land and Housing Corporation v Diab [2014] NSWCATAP 8 Owners Corporation Strata Plan 76269 v Draybi Bros Pty Ltd [2014] NSWCATAP 9 Texts Cited: Nil Category: Principal judgment Parties: Jacques Giappichello and Eletta Giappichello (Appellants) Eakin's A-1 Pools Pty Ltd (Respondent) Representation: Solicitors: Appellants:Ms Drinkwater, Barraclough Jones & Associates Respondent:Mr G Farland-Paton Hooke (first day) Mr Eakin, Director (second day) File Number(s): AP 15/00058 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Consumer and Commercial Jurisdiction: Consumer and Commercial Citation: Not applicable Date of Decision: 06 December 2013 Before: Member Gilson- (Consumer Trader and Tenancy Tribunal (6 December 2013)General Member K Ross (4 January 2014) File Number(s): HB 13/05702 and HB 13/66522