Pfeffer v Driftwood Constructions Pty Ltd [2017] NSWCATAP 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pfeffer v Driftwood Constructions Pty Ltd [2017] NSWCATAP 126 Hearing dates: 21 March 2017 Date of orders: 21 March 2017 Decision date: 21 March 2017 Jurisdiction: Appeal Panel Before: A Britton, Principal Member Decision: The application for a stay of the decision under appeal is refused. Catchwords: PRACTICE AND PROCEDURE — stay of the decision under appeal — whether appeal is rendered futile Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Antworks Pty Ltd and Brendon Chhong Lee v Shixin (Cindy) Lee Category: Procedural and other rulings Parties: Leanne Pfeffer (First Appellant) Michael Pfeffer (Second Appellant) Driftwood Constructions Pty Ltd (Respondent) Representation: First Appellant (in person) Respondent (J Howard) File Number(s): AP 17/11006 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 07 February 2017 Before: R Harris, General Member File Number(s): HB 16/39875 HB 16/35564

REASONS FOR DECISION 1. The appellants, Leanne and Michael Pfeffer have lodged an appeal against a decision made by the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT) that they pay to Driftwood Constructions the sum of $3725.57 (the decision under appeal). 2. In a decision made on 21 March 2017, I refused an application made by the Pfeffers to stay the decision under appeal and gave brief reasons for my decision. Subsequently, the Pfeffer made a request under s 62(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act) for written reasons for my decision. These reasons are provided in response to that request.