Augustus v Mohammed [2016] NSWCATAP 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Augustus v Mohammed [2016] NSWCATAP 108 Hearing dates: 3 March 2016 Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Appeal Panel Before: P Callaghan SC, Principal Member S Thode, Senior Member Decision: (1) The time for instituting this appeal is extended to 6 November 2015. (2) Subject to order 4, the Appeal and the Application for Leave to Appeal are dismissed. (3) The order appealed from is affirmed. (4) The subject proceedings are remitted to the Consumer and Commercial Division of this Tribunal (as previously constituted, if practicable) for consideration (on the evidence tendered at the hearing on 17 August 2015) of any order that may be appropriate to be made in respect of the first respondent in the subject proceedings, Ausko Building & Construction Pty Ltd. (5) The Registrar is to arrange for a copy of this decision to be forwarded to Ausko Building & Construction Pty Ltd at its registered office promptly after publication of this decision with a covering letter drawing attention particularly to Order 4 above. (6) If the Respondents wish to make an application for their costs of this appeal, they are to do so by filing, and serving on the Appellants, written submissions within 14 days after the publication of this decision and the Appellants may file, and serve on the Respondents, submissions in reply within 14 days after service on them of the Respondents' submissions. Any such application will then be decided on the papers. (7) The application for a stay (and other order) is dismissed. Catchwords: APPEAL – NCAT internal appeal – appeal dismissed – application for leave to appeal dismissed – extension of time for institution of appeal – identification of questions of law – issue not raised at hearing