Robert William Gerrie t/as JHT Building Repairs Services v Allen James Baxter [2015] NSWCATAP 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robert William Gerrie t/as JHT Building Repairs Services v Allen James Baxter [2015] NSWCATAP 168 Hearing dates: 27 July 2015 Date of orders: 12 August 2015 Decision date: 12 August 2015 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President P Molony, Senior Member Decision: (1) The time for filing the appeal is extended to 15 April 2015. (2) The appeal is allowed. (3) The orders made by the Tribunal on 4 March 2015 are affirmed with the exception that the date "4 April 2015" stipulated in the order for the payment of $9302.00 is amended to 21 August 2015. (4) If the appellant complies with the Tribunal's order by paying $9302.00 to the respondent on or before 21 August 2015 the respondent is ordered to give access to the appellant to enable the appellant to collect the kitchen and materials supplied by the builder within fourteen days of 21 August 2015. (5) If the appellant becomes entitled to collect the kitchen and materials by reason of order 4 above but does not collect them within 14 days of 21 August 2015 the respondent is at liberty thereafter to dispose of the kitchen and materials as he wishes. Catchwords: Extension of time – S41 Rule 25 requiring payment of fee Legislation Cited: Civil and Administrative Tribunal Rules 2014 Category: Principal judgment Parties: Robert William Gerrie (appellant) Allen James Baxter (respondent) Representation: Both parties represented themselves File Number(s): AP 15/26799 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal New South Wales Jurisdiction: Consumer and Commercial Citation: Not applicable Date of Decision: 4 March 2015 Before: K Ross File Number(s): HB 14/41419