Veroc Pty Ltd v Evaross Pty Ltd [2016] NSWCATAP 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Veroc Pty Ltd v Evaross Pty Ltd [2016] NSWCATAP 189 Hearing dates: 23 May 2016 Date of orders: 25 August 2016 Decision date: 25 August 2016 Jurisdiction: Appeal Panel Before: A Coleman SC, Senior Member S Thode, Senior Member Decision: (1) The appeal is dismissed. (2) Order 6 of the Tribunal in proceedings HB 13/62098 and HB 14/36216 ("the Tribunal Proceedings") is vacated. (3) Order 1(a) of the Appeal Panel dated 19 April 2016 be varied so that the final instalment payment of $21,884.00 shall be paid forthwith to the respondent out of the money held, pursuant to order 5 on 21 May 2016 in the Tribunal Proceedings, in the trust account of Peter Merity Solicitor Pty Limited. (4) The balance of the money held pursuant to Order 5 made on 21 May 2015 in the Tribunal Proceedings, in the trust account of Peter Merity Solicitor Pty Limited, being $2,047.28, be paid forthwith to the Appellant. (5) If either party wishes to make submissions with respect to costs of the appeal, they should file and serve written submissions, no longer than 5 pages, within 14 days from the date of publication of these reasons. Catchwords: APPEAL: construction of Consent Orders; whether Tribunal functus officio; money order; whether Tribunal correctly construed Consent Orders Legislation Cited: Civil and Administrative Tribunal Act, 2013 Cases Cited: Alexander James Pty Ltd v Pozetu Pty Ltd [2015] NSWCATAP 228 Collins v Urban [2014] NSWCATAP 17 Minister for Immigration v Bhardwaj (2002) 209 CLR 597 Category: Principal judgment Parties: Veroc Pty Ltd – Appellant Evaross Pty Ltd – Respondent Representation: Counsel: Mr J Young – Appellant Mr Davie – Respondent