JJ Built This Pty Ltd v Secretary, Department of Customer Service [2025] NSWCATAP 5

JJ Built This Pty Ltd v Secretary, Department of Customer Service [2025] NSWCATAP 5

No question of law was determined by the Tribunal at first instance; all challenged orders were plainly interlocutory or case management directions made in the course of preparing substantive proceedings, and leave to appeal from interlocutory decisions was required. There is no basis for granting leave to appeal, as the Appellant identified no error of law, no substantial miscarriage of justice, and the appeal proceedings were misconceived and disruptive. The appeals and stay applications are dismissed, and the Appellant is ordered to pay the Respondents' costs.

Parties
Appellant: JJ Built This Pty Ltd t/as JJJ Constructions; First Respondent: Secretary, Department of Customer Service; Second Respondent: Jason Ensor; Third Respondent: Rana Ensor
Jurisdiction
Australia
Judgment Date
03 January 2025
Procedural Posture
Appeal / Application for Leave to Appeal From Interlocutory/case Management Orders in Tribunal Proceedings; Determination of Associated Stay Applications
Outcome
Leave to appeal refused; appeals dismissed; applications for stay refused; costs ordered against Appellant
Legal Topics
Appeal Procedure, Interlocutory Decisions, Case Management, Consumer and Commercial Division Procedure, Costs
Administrative Law Civil Procedure Appeal Procedure Interlocutory Decisions Case Management Consumer and Commercial Division Procedure Costs

Case Brief

Summary, issues, holding and outcome

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Parties

JJ Built This Pty Ltd t/as JJJ Constructions

Appellant

Secretary, Department of Customer Service

First Respondent

Jason Ensor

Second Respondent

Rana Ensor

Third Respondent

Procedural Posture

Appeal / Application for Leave to Appeal From Interlocutory/case Management Orders in Tribunal Proceedings; Determination of Associated Stay Applications

Legal Issues

  1. 1 Whether leave to appeal should be granted from interlocutory/case management decisions of the Consumer and Commercial Division before substantive determination of proceedings
  2. 2 Whether any question of law arises from the Tribunal's case management or directions orders
  3. 3 Whether there was a substantial miscarriage of justice justifying grant of leave under the NCAT Act or Schedule 4 cl 12

Ratio Decidendi

No question of law was determined by the Tribunal at first instance; all challenged orders were plainly interlocutory or case management directions made in the course of preparing substantive proceedings, and leave to appeal from interlocutory decisions was required. There is no basis for granting leave to appeal, as the Appellant identified no error of law, no substantial miscarriage of justice, and the appeal proceedings were misconceived and disruptive. The appeals and stay applications are dismissed, and the Appellant is ordered to pay the Respondents' costs.

Court Disposition

Leave to appeal refused; appeals dismissed; applications for stay refused; costs ordered against Appellant

Orders

  • Leave to appeal in each of the two appeals is refused.
  • Both appeals are dismissed.