Wassef v Panagiotopoulos [2019] NSWCATAP 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wassef v Panagiotopoulos [2019] NSWCATAP 101 Hearing dates: 8 April 2019 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member J Lucy, Senior Member Decision: (1) Leave to appeal is refused. (2) The matter is to be listed for hearing before the Consumer and Commercial Division of the Tribunal, constituted by Senior Member Goldstein. (3) The appellant is to provide unavailable dates for both parties to the Registry within seven days of the publication of these orders. (4) If either party seeks an extension of time to comply with procedural directions made by Senior Member Goldstein on 18 January 2019, an application should be made to the Registry, in writing, within seven days of the publication of these orders. (5) Any costs application is to be provided to the Tribunal and the other party within fourteen days of the publication of these orders and is to be supported by submissions not exceeding five pages in length. (6) Submissions in response to the costs application are to be provided to the Tribunal and the other party within fourteen days thereafter. (7) Any submissions in reply are to be provided to the Tribunal and the other party within seven days thereafter. (8) Subject to the parties' submissions, costs will be determined on the papers. Catchwords: APPEAL – Interlocutory decision - Leave to appeal – no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 House v The King [1936] HCA 40; 55 CLR 499 at 505 In the matter of St Gregory's Armenian School Inc [2015] NSWSC 1042 Matthews v SPI Electricity Pty Ltd & Ors (Ruling No 28) [2013] VSC 575; (2013) 42 VR 513 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 18) [2018] NSWSC 1828 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 Texts Cited: Nil Category: Principal judgment Parties: Raafat George Wassef (Appellant) Arthur Panagiotopoulos (Respondent) Representation: Counsel: D P O'Connor (Appellant) C Alexander (Respondent)