Antonio v Ian Cubitt’s Classic Home Improvements Pty Ltd [2016] NSWCATAP 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Antonio v Ian Cubitt's Classic Home Improvements Pty Ltd [2016] NSWCATAP 37 Hearing dates: 15 December 2015 Date of orders: 10 February 2016 Decision date: 10 February 2016 Jurisdiction: Appeal Panel Before: Wright J, President M Dicker SC, Senior Member Decision: Orders: 1. The Appeal is dismissed. Directions: 2. Any party which wishes to seek an order for costs of this appeal in favour of that party is to file and serve a short outline of submissions as to why such an order should be made and as to whether the question of costs should be determined on the papers on or before 19 February 2016. 3. Any party opposing the making of a costs order as sought by another party is to file and serve a short outline of submissions as to why such an order should not be made and as to whether the question of costs should be determined on the papers on or before 4 March 2016. 4. Any submissions in reply are to be filed and served on or before 11 March 2016. Catchwords: PRACTICE AND PROCEDURE – Civil and Administrative Tribunal (NSW) –"part heard proceedings" – transitional provisions – application of Sch 1 cl 7 of the Civil and Administrative Tribunal Act 2013 (NSW)

COSTS – whether costs decision is interlocutory or ancillary decision – costs decision ancillary under s 4(1) of the Civil and Administrative Tribunal Act 2013 (NSW) – no error in exercise of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4(1), 17, 36(4), 60, 80, Sch 1 cl 3, cll 6 to 14, Sch 4 cl 12 Civil and Administrative Tribunal Rules 2014, r 25, r 38 Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), ss 53, 67 Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW), cl 20 Interpretation Act 1987 (NSW), s 34(2)(f) Cases Cited: Chaina v Presbyterian Church (NSW) Property Trust (No.26) [2014] NSWSC 1009 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 His Eminence Metropolitan Petar Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand v the Macedonian Orthodox Community Church St Petka Incorporated (No. 2) [2007] NSWCA 142 House v The King [1936] HCA 40; (1936) 55 CLR 499 NSW Land and Housing Corporation v Diab [2014] NSWCATAP 8 Rajski and Raybos Australia Ltd v Carson and Tectran Corporation [2002] NSWCA 51 Category: Principal judgment Parties: Domingo Antonio (First Appellant) Principe Antonio (Second Appellant) Lea C Antonio (Third Appellant) Marco Antonio (Fourth Appellant) Nenita Antonio (Fifth Appellant) Michael Gerona (Sixth Appellant) Princess Antonio (Seventh Appellant) Perlita Antonio (Eighth Appellant) Ian Cubitt's Classic Home Improvements Pty Ltd (Respondent) Representation: Counsel: I King (Appellants) D Meltz (Respondent)