Florida Kitchen Centre Pty Limited v Keith [2016] NSWCATAP 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Florida Kitchen Centre Pty Limited v Keith [2016] NSWCATAP 54 Hearing dates: 9 November 2015 Date of orders: 23 February 2016 Decision date: 23 February 2016 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President S Westgarth, Deputy President Decision: AP 15/50685 (1) The appeal is upheld. (2) Orders 3 and 3 made on 7 August 2015 in file HB 14/61674 (as varied by decision of 21 September 2015) are set aside. (3) The appellant's application for costs is refused. (4) The respondent's application for costs in Florida Kitchen Centre Pty Ltd v Keith, 21 September 2015 (ex tempore) is refused.

AP 15/58967 (1) The appellant's appeal against order 10 made on 28 September 2015 in HB 14/61674 is withdrawn and dismissed. (2) Leave is refused for the appellant to appeal from directions 3, 5 and 6 made on 28 September 2015 in HB 14/61674 on grounds other than questions of law. (3) The appeal is otherwise dismissed. (4) The respondent's application for costs is refused. Catchwords: APPEAL – Summary dismissal power – proceedings causing disadvantage - striking out a claim or defence when party causing disadvantage – scope of power APPEAL – appeal from directions as to the filing of evidence – interlocutory appeal – leave required – satellite proceedings to be discouraged Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl10, s 60 Cases Cited: Commissioner of Police v Fine and Independent Liquor and Gaming Authority [2014] NCATAP 24 Category: Principal judgment Parties: Florida Kitchen Centre Pty Limited Robert Keith Representation: Solicitors: Cadmus Lawyers (Appellant) Bradbury Legal (Respondent) File Number(s): AP 15/50685AP 15/58967 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: AP 15/50685 7 August 2015