El Ali v Antoniou [2019] NSWCATAP 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: El Ali v Antoniou [2019] NSWCATAP 88 Hearing dates: 11 April 2019 Date of orders: 15 April 2019 Decision date: 15 April 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Kearney, Senior Member Decision: 1. The appeal is to be dealt with by way of a new hearing pursuant to s 80(3) of the Civil and Administrative Tribunal Act 2013.

2. The application to extend the time for compliance with the conditions of the orders made 12 March 2019 or to otherwise excuse any non-compliance by reason of the failure to pay amounts required by the orders on or before the due date is dismissed.

3. The appeal is otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE – conditional orders – failure to comply with consent orders and conditions agreed therein – power to extend the time for compliance with a condition. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Asia Pacific Glass Pty Ltd v Sindea Trading K Pty Ltd (No 2) (2003) 47 ASCR 737; [2003] NSWSC 845 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Texts Cited: Nil Category: Principal judgment Parties: Appellant: Samah El Ali First Respondent: George Antoniou Second Respondent: Georghia Antoniou Representation: Appellant: A Fernon (Counsel) Respondents: M Webhe (Agent)

Solicitors: Appellant: Not applicable Respondent: Not applicable File Number(s): AP 18/15490 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 28 March 2019 Before: S Corley, General Member File Number(s): RT 19/06256