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. ******* 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: 17 December 2015