Brasington v Overton Investments Pty Ltd [2003] FCA 1523

FEDERAL COURT OF AUSTRALIA

Brasington v Overton Investments Pty Ltd [2003] FCA 1523 RITA BRASINGTON v OVERTON INVESTMENTS PTY LTD & ANOR N878 OF 1999 EMMETT J 18 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N878 OF 1999

BETWEEN: RITA BRASINGTON

APPLICANT

AND: OVERTON INVESTMENTS PTY LIMITED

FIRST RESPONDENT

JOHN EDWARD JAMES

SECOND RESPONDENT

BETWEEN: OVERTON INVESTMENTS PTY LIMITED

CROSS-CLAIMANT

AND: RITA BRASINGTON and the other persons identified in Schedule A to the First Cross-Claim

FIRST CROSS-RESPONDENTS TO THE FIRST CROSS-CLAIM

CUZENO RVM PTY LIMITED

SECOND CROSS-RESPONDENT TO THE FIRST CROSS-CLAIM

BETWEEN: CUZENO RVM PTY LIMITED

SECOND CROSS-CLAIMANT

AND: RITA BRASINGTON and the other persons identified in Schedule 1 to the Second Cross-Claim

CROSS-RESPONDENTS TO THE SECOND CROSS-CLAIM

JUDGE: EMMETT J

DATE: 18 DECEMBER 2003

PLACE: SYDNEY

REASONS FOR PRELIMINARY CONCLUSIONS Preliminary Relationship Between Overton And The Residents The Trust Deed The Leases Standing To Sue Issue Estoppel Legal Assistance Under Fair Trading Act Freedom Of Information Application Defamation Advice Proceedings For Recovery Of Arrears Of Outgoings Proceedings Under Fair Trading Act Consultation Process Under The Code Interaction Between Codes Of Practice And Leases Budget Disputes Trust Deed Dispute Audit Queries Categories Of Legal Expenses In Issue Undertaking As To Damages Costs Of Mr And Mrs Murphy's Proceedings Financial Hardship Compensation For Resumption Incidental Advice Other Issues Liabilities In Respect Of Premises Inconsistency With Court Orders For Costs Operation Of Legal Profession Act 1987 (Nsw) Costs Incurred After 3 December 1999 Section 14a Of The Retirement Villages Act 1989 (Nsw) Conclusion