Mitsiou v Zanatta; Jenalp Pty Limited v Mitsiou [2018] NSWCATAP 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mitsiou v Zanatta; Jenalp Pty Limited v Mitsiou [2018] NSWCATAP 187 Hearing dates: 26 June 2018 Date of orders: 02 August 2018 Decision date: 02 August 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Dr R Dubler SC, Senior Member Decision: In appeal AP 18/11487:

(1) Extend the time for filing of the appeal to 30 March 2018.

(2) Leave to appeal is refused and otherwise the appeal is dismissed.

(3) The appellant is to pay the costs of the respondent, such costs to be agreed or assessed on an ordinary basis.

(4) If any party seeks a different costs order to that in Order (3), the following directions apply:

(a) The applicant for costs ("costs applicant") must file and serve any costs 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.

(c) The costs applicant is to file any submissions in reply within 21 days from the date of these orders.

(d) Any submissions are to include submissions on the issue of whether an order should be made pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), dispensing with a hearing of the costs application.

(5) In the event an application is made pursuant to Order (4), Order (3) shall cease to have effect.