DSA Building Pty Ltd v Geronikos; Geronikos v DSA Building Pty Ltd [2016] NSWCATAP 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DSA Building Pty Ltd v Geronikos; Geronikos v DSA Building Pty Ltd [2016] NSWCATAP 187 Hearing dates: On the papers Date of orders: 24 August 2016 Decision date: 24 August 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Decision: (1) Pursuant to section 50(2) of the Civil and Administrative Tribunal Act, a hearing is dispensed with; (2) Order 1 for the payment of $77,841.86 made on 11 May 2016 is stayed on the following conditions: (i) Within seven days from the date of these orders an amount of $13,340.40 is paid to the respondents; and (ii) Within seven days from the date of these orders an amount of $41,000.00 is paid to Gerald Aronstan solicitor for the respondents, to be deposited into his trust account and held by the solicitor pending a determination of this appeal or further order of the Appeal Panel (3) In the event the appellant fails to comply with the conditions imposed as part of order 2, the respondents have leave to apply in writing to discharge the stay order, such application to be served upon the appellant and supported by a statutory declaration setting out the facts and circumstances relevant to any non-compliance with the conditions of the stay. Catchwords: Stay- applicable principles, interest of justice, absence of relevant proof of financial incapacity, Legislation Cited: Civil and Administrative Tribunal Act, 2013 Home Building Act, 1989 Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Texts Cited: Nil Category: Procedural and other rulings Parties: George and Kay Geronikos DSA Building Pty Ltd Representation: Counsel: Mr W Calokerinos (Appellant)