Giappichello and Anr v Eakin’s A-1 Pools Pty Ltd [2015] NSWCATAP 141

Giappichello and Anr v Eakin’s A-1 Pools Pty Ltd [2015] NSWCATAP 141

The Appeal Panel had no jurisdiction to hear and determine the appeal because (1) the Section 68 rehearing decision was not a Tribunal decision, was not appealable, and was made after the CTTT was abolished, (2) the Principal Decision's only preserved appeal right was to the District Court under s67 of the CTTT Act, per the transitional provisions, and (3) there is no statutory right enabling appeal to the Appeal Panel in these circumstances.

Parties
Appellants: Jacques Giappichello and Eletta Giappichello; Respondent: Eakin's A-1 Pools Pty Ltd
Jurisdiction
Australia
Judgment Date
14 July 2015
Procedural Posture
Appeal / Decision on Jurisdiction and Final Orders
Outcome
Appeal dismissed
Legal Topics
Jurisdiction of Appeal Panel, Appeal Rights Under Transitional Provisions, Consumer Trader and Tenancy Tribunal
Tribunal Procedure Administrative Law Jurisdiction of Appeal Panel Appeal Rights Under Transitional Provisions Consumer Trader and Tenancy Tribunal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Jacques Giappichello and Eletta Giappichello

Appellants

Eakin's A-1 Pools Pty Ltd

Respondent

Procedural Posture

Appeal / Decision on Jurisdiction and Final Orders

Legal Issues

  1. 1 Whether the Appeal Panel had jurisdiction to determine an appeal from a Section 68 rehearing decision made after the establishment of NCAT
  2. 2 Whether the Appeal Panel had jurisdiction to determine an appeal from the Principal Decision of the Consumer, Trader and Tenancy Tribunal made before NCAT commenced

Ratio Decidendi

The Appeal Panel had no jurisdiction to hear and determine the appeal because (1) the Section 68 rehearing decision was not a Tribunal decision, was not appealable, and was made after the CTTT was abolished, (2) the Principal Decision's only preserved appeal right was to the District Court under s67 of the CTTT Act, per the transitional provisions, and (3) there is no statutory right enabling appeal to the Appeal Panel in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Any applications for costs are to be filed and served within 14 days of the date of these reasons, such applications to include any submissions.