Rathchime Pty Ltd v Willat [2017] NSWCATAP 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rathchime Pty Ltd v Willat [2017] NSWCATAP 87 Hearing dates: 12 December 2016 Date of orders: 27 April 2017 Decision date: 27 April 2017 Jurisdiction: Appeal Panel Before: Dr J Renwick SC Senior Member D. Goldstein Senior Member Decision: Leave to Appeal in relation to Grounds of Appeal 2 and 3 is refused.

The appellant's appeal based on Grounds of Appeal 5 and 6 is allowed.

Order 1 of the Tribunal made on 9 September 2016 is set aside and replaced with an order that Grant Willatt must pay Rathchime Pty Ltd the sum of $90,819.50 immediately.

In the event a party wishes to apply for costs, the following orders apply.

Any costs application (of no more than 5 pages) 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.

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 (of no more than 5 pages) in response to the costs applicant's costs application, such submissions either attaching or referring to any documents relied upon.

The costs applicant will have 14 days after the date it receives the costs 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.