Sepentulevski v Free Spirit Pty Ltd [2017] NSWCATAP 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sepentulevski v Free Spirit Pty Ltd [2017] NSWCATAP 192 Hearing dates: 3 July 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member R Titterton, Principal Member Decision: (1) Leave to appeal refused.

(2) Pursuant to s 81(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) Order 1 made on 27 February 2017 is varied to be:

"1. Mr Bill and Mrs Nada Sepentulevski are to pay Free Spirit Pty Ltd the sum of $23,842.50 in six equal monthly instalments of $3,973.75, the first instalment payable within 28 days of the date of this decision.

2. Failure to pay any instalment in accordance with order 1 means that the full amount then owing is immediately due and payable."

(3) The appeal is otherwise dismissed.

(4) No order as to costs. Catchwords: APPEAL – leave to appeal – no question of principle COSTS of appeal – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Property, Stock and Business Agents Act 2002 (NSW) Cases Cited: Clarke v Tapp [2015] NSWCATAP 81 Collins v Urban [2014] NSWCATAP 17 Fox v Vaucluse Bowling Club Ltd [2017] NSWCATAP 160 Italiano v Carbone [2005] NSWCA 177 Prendergast v Western Murray Irrigation [2014] NSWCATAP 69 Remuneration Data Base Pty Ltd v Pauline Goodyer Real Estate Pty Ltd & Anor [2007] NSWSC 59 Category: Principal judgment Parties: Bill and Nada Sepentulevski (Appellants) Free Spirit Pty Ltd (Respondent) Representation: Counsel: B Sepentulevski (Appellants) B Johnson (Respondent)