D&K Developments Pty Ltd v Tchetchenian [2019] NSWCATAP 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: D&K Developments Pty Ltd v Tchetchenian [2019] NSWCATAP 47 Hearing dates: 18 February 2019 Date of orders: 26 February 2019 Decision date: 26 February 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member D Fairlie, Senior Member Decision: (1) The appeal is dismissed. (2) The appellant is to pay the respondents' cost of the appeal, as agreed or assessed on an ordinary basis. Catchwords: ADMINISTRATIVE LAW – denial of procedural fairness – directions for service of submissions on costs application – no submissions filed – no steps taken to comply with directions or seek an extension of time. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Cases Cited: Calderbank v Calderbank (1975) 3 All ER 333 Glover v Buckton Building Pty Ltd [2015] NSWCATCD 146 Ibrahim v PERI Australia Pty Ltd [2013] NSWCA 328 Texts Cited: Nil Category: Principal judgment Parties: D&K Developments Pty Lty (Appellant) John Alan Tchetchenian (First Respondent) Rita Mary Tchetchenian (Second Respondent) Representation: Solicitors: HWL Ebsworth (Appellant) Reuben George Lawyers (Respondent) File Number(s): AP 18/53562 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 3 December 2018 Before: L Wilson, Senior Member File Number(s): HB 17/36629