Azzi v Phan [2017] NSWCATAP 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Azzi v Phan [2017] NSWCATAP 215 Hearing dates: 08 September 2017 Date of orders: 08 September 2017 Decision date: 08 September 2017 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Goldstein, Senior Member Decision: (1) The appeal is dismissed pursuant to s 55 of the Civil and Administrative Tribunal Act 2013 No 2 (NSW).

(2) The appellant is to pay the respondent's costs of and incidental to the appeal, as agreed or assessed.

(3) The stay (or partial stay) made by the Tribunal on or about 19 June 2017 is dissolved forthwith. Catchwords: DISMISSAL OF APPEAL – withdrawal of appeal – costs – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 No 2 (NSW) – ss 55 and 60 Civil and Administrative Tribunal Rules 2014 – r 38A Home Building Act 1989 (NSW) Cases Cited: Channell v Graham [2017] NSWCATAP 129 Category: Principal judgment Parties: George Azzi (Appellant) Vin Quang Phan (Respondent) Representation: In Person (Appellant)

Counsel: M Wells (Respondent) File Number(s): AP 17/30242 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 19 June 2017 Before: C Paull, Senior Member File Number(s): HB 15/15610