John Peter Maiolo v Frank Chiarelli and Anor [2016] NSWCATAP 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: John Peter Maiolo v Frank Chiarelli and Anor [2016] NSWCATAP 81 Hearing dates: 9 February 2016 Date of orders: 11 April 2016 Decision date: 11 April 2016 Jurisdiction: Appeal Panel Before: J Harris SC, Senior Member D Goldstein, Senior Member Decision: The appeal from the Tribunal's orders dated 12 October 2015 in HB 15/47133 is allowed and the orders are set aside.

Pursuant to section 81(1)(d) of the Civil and Administrative Tribunal Act 2013 the appellant must install the kitchen which was previously stored in the respondents' garage at 1 Vale Avenue Dee Why in a proper and workman like manner, including returning and installing the respondents' hot plate and under bench sinks on or before 9 May 2016.

Pursuant to clause 8 of Schedule 4 of the Civil and Administrative Tribunal Act 2013 the respondents have leave to renew the original proceedings HB15/17048 if the appellant fails to comply with order 2 within the time specified.

The parties have liberty to apply to the Appeal Panel for an order to vary the time for the performance of the work specified in order 2.

Any costs application pursuant to section 60 of the Civil and Administrative Tribunal Act must be lodged with the Appeal Panel and served on the costs respondent within 14 days of the date of these orders either attaching or referring to the documents relied upon in support of the application.

The costs respondent will have 14 days after the date of receipt of the costs application referred to above, to lodge with the Appeal Panel and serve on the costs applicant the submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon.