Farah v Nelmeer Ashfield Pty Ltd [2015] NSWCATAP 276

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Farah v Nelmeer Ashfield Pty Ltd [2015] NSWCATAP 276 Hearing dates: 13 February, 27 April and 3 June 2015 Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction: Appeal Panel Before: P Callaghan SC, Principal Member R Titterton, Senior Member Decision: Any remaining issue the subject of the Cross-Appeal is remitted to the Consumer and Commercial Division of the Tribunal as part of the outstanding issues in the proceedings to be dealt with.

The Cross-Appeal is otherwise dismissed. Catchwords: CROSS-APPEAL – dealt with in reasons in Appeal – separate confirmatory orders now made Legislation Cited: Nil Cases Cited: Nelmeer Ashfield Pty Ltd v Farah [2015] NSWCATAP 252 Texts Cited: Nil Category: Principal judgment Parties: Norma Farah t/as Luscious Food Catering (Appellant) Nelmeer Ashfield Pty Ltd (Respondent) Representation: Appellant: G N Penhall, Solicitor

Respondent: R Angyal SC File Number(s): AP 15/34529 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2014] NSWCATCCD 144 Date of Decision: 1 August 2014 Before: G Meadows, Senior Member File Number(s): COM 14/23465, COM 14/23468

REASONS for decision 1. These reasons should be read together with this Appeal Panel's reasons for decision in the Appeal Nelmeer Ashfield Pty Ltd v Farah [2015] NSWCATAP 252, published on 30 November 2015 (the Appeal Reasons). 2. At [31], [34] and [88] the Appeal Reasons dealt with a Cross-Appeal which was instituted by the Respondent in that Appeal during the hearing of that Appeal by the filing on 26 May 2015 of a Notice of Appeal. While the Cross-Appeal was dealt with in the Appeal, it had been filed separately within the Tribunal registry as AP 15/34529. This decision is for the purpose of confirming within that separate file the disposition of the Cross-Appeal consistently with the Appeal Reasons. 3. In accordance with the Appeal Reasons the Appeal Panel orders: 1. Any remaining issue the subject of the Cross-Appeal is remitted to the Consumer and Commercial Division of the Tribunal as part of the outstanding issues in the proceedings to be dealt with. 2. The Cross-Appeal is otherwise dismissed.