Kokontis v Moran [2018] NSWCATAP 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kokontis v Moran [2018] NSWCATAP 81 Hearing dates: 6 March 2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Appeal Panel Before: A Britton, Principal Member Decision: The application for a stay of the decision under appeal is refused. Catchwords: PRACTICE AND PROCEDURE — stay of the decision under appeal — whether appeal is rendered futile — assessment of prejudice to the parties if stay is refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Category: Procedural and other rulings Parties: Con Kokontis (Appellant) James Moran(Respondent) Representation: Appellant (in person) Respondent (no appearance ) File Number(s): AP 18/09134 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 25 January 2018 Before: S.A McDonald, Senior Member File Number(s): HB 16/41771

REASONS FOR DECISION 1. Con Kokontis has lodged an appeal against a decision made by the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT) that he pay to home owner, James Moran the sum of $ 62,021.12 within 28 days (the decision under appeal). 2. In a decision made on 6 March 2017, I refused an application made by Mr Kokontis to stay the operation of the decision under appeal. Subsequently, Mr Kokontis made a request under s 62(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act) for written reasons for that decision. These reasons are provided in response to that request.