Dyldam Developments Pty Ltd v Mewing [2017] NSWCATAP 170

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dyldam Developments Pty Ltd v Mewing [2017] NSWCATAP 170 Hearing dates: On the papers Date of orders: 14 August 2017 Decision date: 14 August 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member F Corsaro SC, Senior Member Decision: 1. Leave to Appeal refused and the appeal is otherwise dismissed.

2. Subject to orders 3 and 4, the appellant is to pay the respondents' cost of the appeal.

3. In the event either party contends a different costs order should be made to that in order 2, 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 power to award costs and whether an order should be made dispensing with a hearing of any cost application pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013.

4. Order 2 ceases to have effect if either party files and serves submissions contending that a different costs order should be made in accordance with order 3(a). Catchwords: APPEAL – exercise of discretion - transfer of proceedings to the District Court of New South Wales Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Home Building Act 1989 (NSW) Cases Cited: Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 House v The King [1936] HCA 40; (1936) 55 CLR 499 Owners Strata Plan No 70030 v Decon Australia Pty Ltd [2014] NSWSC 347 Texts Cited: Nil Category: Principal judgment Parties: Dyldam Developments Pty Ltd (Appellant) Robert Mewing and Ivetta Mewing (Respondents) Representation: Counsel: A Avery-Williams (Appellant) M Castle (Respondents)