Florida Kitchen Centre Pty Limited v Keith [2016] NSWCATAP 54

Florida Kitchen Centre Pty Limited v Keith [2016] NSWCATAP 54

The orders made by the Tribunal on 7 August 2015 were beyond the Tribunal's power under Schedule 4, clause 10 as they did not finally determine the proceedings or any part of them; consequently, the Appeal Panel set aside those orders. Leave to appeal interlocutory directions was refused as there was no demonstrated irreversible prejudice or special feature warranting appellate intervention, and the directions were part of ordinary case management.

Parties
Appellant: Florida Kitchen Centre Pty Limited; Respondent: Robert Keith
Jurisdiction
Australia
Judgment Date
23 February 2016
Procedural Posture
Appeal / Appellate Decision
Outcome
First appeal upheld; relevant orders set aside; second appeal dismissed; all costs applications refused.
Legal Topics
Summary Dismissal, Striking Out Claims, Jurisdiction of Tribunal, Directions and Case Management, Costs Applications, Interlocutory Appeal
Administrative Law Civil Procedure Consumer Law Building and Construction Summary Dismissal Striking Out Claims Jurisdiction of Tribunal Directions and Case Management +2 more

Case Brief

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Parties

Florida Kitchen Centre Pty Limited

Appellant

Robert Keith

Respondent

Procedural Posture

Appeal / Appellate Decision

Legal Issues

  1. 1 Whether the Tribunal had power to make interim orders under Schedule 4, clause 10 of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether the orders made on 7 August 2015 were final orders determining part or the whole of the proceedings
  3. 3 Whether leave should be granted for interlocutory appeal against directions

Ratio Decidendi

The orders made by the Tribunal on 7 August 2015 were beyond the Tribunal's power under Schedule 4, clause 10 as they did not finally determine the proceedings or any part of them; consequently, the Appeal Panel set aside those orders. Leave to appeal interlocutory directions was refused as there was no demonstrated irreversible prejudice or special feature warranting appellate intervention, and the directions were part of ordinary case management.

Court Disposition

First appeal upheld; relevant orders set aside; second appeal dismissed; all costs applications refused.

Orders

  • The appeal is upheld (AP 15/50685).
  • Orders 3 and 3 made on 7 August 2015 in HB 14/61674 (as varied by decision of 21 September 2015) are set aside.