Sam Komadina t/as We Paint Pools v Kelleher [2018] NSWCATAP 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sam Komadina t/as We Paint Pools v Kelleher [2018] NSWCATAP 3 Hearing dates: 30 October 2017 Date of orders: 03 January 2018 Decision date: 03 January 2018 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J Kearney, Senior Member Decision: (1) Leave to appeal refused.

(2) Appeal dismissed.

(3) The stay of the operation of order 2 made on 2 August 2017 in HB 17/15866 is lifted.

(4) If either party seeks costs of the appeal, leave is granted to file and serve a short written submission on that issue within 14 days of the date of this decision.

(5) Leave is granted for the other party to file and serve a short written submission in reply within a further 14 days.

(6) Submissions should address the question of whether the Tribunal should dispense with a hearing on the issue of costs, pursuant to s 50 of the Civil and Administrative Tribunal Act 2013. Catchwords: APPEAL: Swimming pool repair – orders made in absence of contractor – whether denial of procedural fairness – whether leave to appeal should be granted Legislation Cited: Business Names Registration Act 2011 (Cth) Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Daley v Flynn [2014] NSWCATAP 79 Italiano v Carbone [2005] NSWCA 177 Pethybridge v Stedikas Holdings Pty Ltd [2007] NSWCA 154 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Sam Komadina t/as We Paint Pools (Appellant) Deborah Kelleher (Respondent) Representation: Counsel: J Nathan (Appellant)