Maiolo v Chiarelli [2018] NSWCATAP 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Maiolo v Chiarelli [2018] NSWCATAP 28 Hearing dates: 20 November 2017 Date of orders: 22 January 2018 Decision date: 22 January 2018 Jurisdiction: Appeal Panel Before: J Harris SC, Senior Member D Goldstein, Senior Member Decision: (1) The decision of the Appeal Panel given on 11 April 2016 and amended on 19 April 2016 is varied to include the following order:

'Frank Chiarelli and Vicki Woodward must pay John Peter Maiolo the sum of $20,900.66 immediately'.

(2) Frank Chiarelli and Vicki Woodward must pay John Peter Maiolo's costs of and incidental to these remitted proceedings, such costs, if not agreed, to be assessed on the basis set out in the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014.

(3) Any application for a reconsideration of order 2 must be lodged in the Tribunal and served on the other party within 21 days of the date of these orders either attaching or referring to any documents relied upon in support of the application.

(4) The costs respondent will have 21 days after the date it receives the application referred to in order 3 to lodge in the Tribunal and serve on the other party its submissions in response to the costs application, such submissions either attaching or referring to any documents relied upon.

(5) Subject to the right of the parties to make submissions under section 50(3) of the Civil and Administrative Tribunal Act 2013 for a hearing on costs (which should be made in conjunction with the submissions referred to above), the Appeal Panel will determine any request for a reconsideration of order 2 on the basis of the papers lodged in the Tribunal. Catchwords: Remit of proceedings from the Supreme Court pursuant to section 83 of the Civil and Administrative Tribunal Act 2013 – costs – finding of special circumstances. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Legal Profession Uniform Law Application Act 2014 Cases Cited: John Maiolo t/as M & N Peninsular Kitchens Joinery v Chiarelli [2017] NSWSC 982 Maiolo v Frank Chiarelli and Anor [2016] NSWCATAP 81 Texts Cited: None cited Category: Principal judgment Parties: John Peter Maiolo M & N Peninsular Kitchens Joinery (Appellant) Frank Chiarelli and Vicki Woodward (Respondents) Representation: Counsel: R Newell (Appellant) B Gelonesi (Respondents)