Bousgas v H.D. Constructions (Aust) Pty Ltd [2017] NSWCATAP 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bousgas v H.D. Constructions (Aust) Pty Ltd [2017] NSWCATAP 122 Hearing dates: 3 May 2017 Date of orders: 25 May 2017 Decision date: 25 May 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member A Boxall, Senior Member Decision: Leave to appeal is granted, the appeal is allowed and orders are made in accordance with paragraph 85 of these reasons. Catchwords: Administrative law- dismissal for want of prosecution, relevant considerations, miscarriage of discretion,

Civil and Administrative Tribunal Act, s36 and relevance of guiding principle when considering dismissal for want of prosecution. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Civil Procedure Act, 2005 Home Building Act, 1989 Cases Cited: AON Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; (2006) 227 ALR 425; (2006) 80 ALJR 1100 Clarke v State of New South Wales [2015] NSWCA 27 Collins v Urban [2014] NSWCATAP 17 Hoser v Hartcher [1999] NSWSC 527 House v The King [1936] HCA 40; (1936) 55 CLR 499 Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516 Kline v New South Wales Land and Housing [2014] NSWCATAP 41 Mesiha v Murrell [2017] NSWCATAP 1 State of New South Wales v Plaintiff A [2012] NSWCA 248 Wall v Barham [2017] NSWCATAP 61 Texts Cited: Nil Category: Principal judgment Parties: Constantine Bousgas (Appellant) H.D. Constructions (Aust) Pty Ltd (Respondent) Representation: Counsel: T Bland (Appellant) J Young (Respondent)