LMA Contractors Limited v Changizi [2017] NSWCATAP 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LMA Contractors Limited v Changizi [2017] NSWCATAP 75 Hearing dates: 08 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Goldstein, Senior Member Decision: 1. Leave to appeal is granted for the purpose of making order 3;

2. Order 1 made on 8 December 2016 in the proceedings the subject of this appeal is set aside;

3. The decision of the Tribunal dated 8 December 2016 is varied pursuant to section 81(b) of the Civil and Administrative Tribunal Act 2013 to require LMA Contractors Limited to pay Koroush Changizi and Sujitra Boonta the sum of $63,670.03 immediately.

4. Otherwise Leave to Appeal is refused and the Appeal is dismissed.

5. The stay made by the Appeal Panel on 16 December 2016 in these appeal proceedings is lifted.

6. Any costs application must be lodged in the Appeal Division of the Tribunal and served on the costs respondent within 21 days of the date of these orders either attaching or referring to any documents relied upon in support of the application.

7. The costs respondent will have 21 days after the date it receives the application referred to in the preceding paragraph to lodge in the Appeal Division of the Tribunal and serve on the costs applicant its submissions in response to the cost applicant's costs application, such submissions either attaching or referring to any documents relied upon.

8. The cost applicant will have 14 days after the date it receives the cost respondent's submissions to lodge in the Appeal Division of the Tribunal and serve on the costs respondent its submissions, if any, in reply, such submissions either attaching or referring to any documents relied upon.