Dellagiacoma v Dragh [2017] NSWCATAP 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dellagiacoma v Dragh [2017] NSWCATAP 147 Hearing dates: 27 June 2017 Date of orders: 13 July 2017 Decision date: 13 July 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member A Boxall, Senior Member Decision: (1) Leave is granted to appeal the decision made 22 February 2017 and that decision is set aside.

(2) The proceedings are remitted to the Tribunal to hear and determine the application in accordance with these reasons and according to law.

(3) Subject to any submissions made by the parties in accordance with order 4, the costs of the appeal are to be the appellant's costs in the remitted proceedings.

(4) In the event either party contends a different costs order should be made to that in order 3, the following directions apply:

(a) the party contending for a different costs order (costs applicant) is to file and serve any submissions within 7 days after the date of these orders;

(b) the cost respondent is to file and serve any submissions in response 14 days after the date of these orders;

(c) the costs applicant is to file and serve any submissions in reply 21 days after the date these orders;

(d) the submissions are to include submissions as to whether an order should be made dispensing with a hearing of any cost application pursuant to s50(2) of the Civil and Administrative Tribunal Act, 2013;

(e) Order 3 ceases to have any effect upon the cost applicant making any application in accordance with order 4 (a). Catchwords: Civil and Administrative Tribunal Act -Renewal of proceedings under cl8