Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Hearing dates: 12 February 2018 Date of orders: 27 February 2018 Decision date: 27 February 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Principal Member Decision: (1) Leave to appeal is granted and the appeal is allowed.

(2) Orders 1 (a), (b), (c) and (d) and order 2 made 8 December 2017 in application HB 17/09553 are set aside.

(3) In lieu thereof the following orders are made in application HB 17/09553:

2. The application to set aside summonses addressed to the National Australia Bank, the Australia and New Zealand Banking Group Ltd, Richard Ataalla of Richard Ataalla Financial Services and Vow Financial Group Pty Ltd is dismissed.

3. Subject to any claim for privilege, access is granted to the parties to inspect the documents produced by the persons and entities in order 2.

4. Each party is to pay its own costs of the application.

(4) Subject to order 5, the appellant's costs of the appeal are to be the appellant's costs in the cause.

(5) If either party seeks a different costs order to that in order (4), the following directions apply:

(a) The applicant for costs (costs applicant) must file and serve any cost application, including submissions and any evidence in support, within 7 days of the date of these orders.

(b) The respondent to the costs application is to file and serve any submissions and evidence in reply within 14 days from the date of these orders.