Antworks Pty Ltd v Mac [2016] NSWCATAP 240

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Antworks Pty Ltd v Mac [2016] NSWCATAP 240 Hearing dates: 1 November 2016 Date of orders: 09 November 2016 Decision date: 09 November 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Decision: (1) The application for stay is dismissed. (2) The appellant is to pay the respondents' costs of the application for stay as agreed or assessed under the relevant Legal Profession legislation is provided in s 60(4)(b) of the Civil and Administrative Tribunal Act, 2013. Catchwords: Stay pending appeal- applicable principles, capacity to pay, suspension of builder's licence Legislation Cited: Civil and Administrative Tribunal Act, 2013 Corporations Act, 2001 Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Shepherd v Field and Textiles of Australia Ltd (1931) 45 CLR 359 Category: Procedural and other rulings Parties: Antworks Pty Ltd (Applicant) Colin Mac and Nina Mac (Respondents) Representation: Counsel: J Darvall (Applicant)

Solicitors: JP Gould Solicitors (Applicant) Adams Partners Lawyers (Respondents) File Number(s): AP 16/46382 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Date of Decision: 28 September 2016 Before: D Goldstein, Senior Member File Number(s): HB 13/12266 and HB 14/50779