Hanna v Semaan as the Administrator of the Estate of the late Nelson Semaan [2018] NSWCATAP 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hanna v Semaan as the Administrator of the Estate of the late Nelson Semaan [2018] NSWCATAP 21 Hearing dates: 27 October 2017 Date of orders: 17 January 2018 Decision date: 17 January 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member RL Hamilton SC, Senior Member Decision: (1) Leave to appeal is refused and the appeal is dismissed.

(2) The appellant is to pay the costs of Dali Semaan as the Administrator of the Estate of the late Nelson Semaan, as agreed or assessed. Catchwords: PRACTICE & PROCEDURE. Meaning of a "decision" - whether Tribunal functus officio - whether leave to appeal out of time should be granted. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Probate & Administration Act 1898 Bankruptcy Act 1966 (Cth) Law Reform Miscellaneous Provisions Act 1944 Uniform Civil Procedure Rules 2009 Cases Cited: Athens v Randwick City Council [2005] NSWCA 317; (2005) 64 NSWLR 58 GEL Custodians Pty Ltd v The Estate of the Late Geoffrey Francis Wells [2013] NSWSC 973 Texts Cited: Nil Category: Principal judgment Parties: Peter Hanna (Appellant) Dali Semaan as the Administrator of the Estate of the late Nelson Semaan (First Respondent) Fadi Habib (Second Respondent) Fawaz Habib (Third Respondent) Badr Habib (Fourth Respondent) Representation: Counsel: N Allen (Appellant) J R Young (Respondent)