Tait v Coolah Home Base Pty Ltd [2020] NSWCATAP 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tait v Coolah Home Base Pty Ltd [2020] NSWCATAP 146 Hearing dates: 14 July 2020 Date of orders: 21 July 2020 Decision date: 21 July 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Robertson, Senior Member Decision: (1) Appeal upheld. (2) The decision of the Tribunal is set aside. (3) The proceedings are returned to be heard by the Tribunal differently constituted. (4) At the first directions hearing, and in addition to other matters relevant to the future conduct of the proceedings, the parties are directed to address the Tribunal on the following issues: (a) the necessary parties to the proceedings; (b) whether the proceedings could be commenced or continued against the respondent; (c) whether the directors of the respondent are authorised to provide instructions in relation to these proceedings. Catchwords: CORPORATIONS – community title – whether there is a retirement village as defined in the Retirement Villages Act – voluntary administration – whether there is a stay of proceedings - necessary parties to the proceedings – just, quick and cheap disposal of the real issues in dispute Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36(1) and (4) Corporations Act 2001 (Cth), ss 58AA, 198G, 440D Residential (Land Lease) Communities Act 2013 (NSW) Retirement Villages Act 1999 (NSW), s 5 Cases Cited: Brian Rochford Ltd (Admin Apptd) v Textile Clothing & Footwear Union of NSW (1998) 47 NSWLR 47 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] 241 CLR 1; [2010] HCA 19 Moloney v Taylor [2016] NSWCA 199 Moorabool Shire Council v J & B Taitapanui & Anor [2002] VSC 418 Murgolo v AAI Ltd t/as AAMI [2019] NSWCA 295 Taouk v Assure (NSW) Pty Ltd [2019] NSWCA 224 Texts Cited: Ford, Austin & Ramsay's Principles of Corporations Law, online edition, [26.050] Halsbury's Laws of Australia, online edition, [355-9010] Category: Principal judgment Parties: Lee Marilyn Tait, Sietske Brown, Margaret Joy Vale, Susan Kelly, Neville Kelly, Richard Squire, Sue Squire, Christine McMillan, Geoff Ian McMillan, David Arthur Darch, Jill Cook, Helen Dawn Waugh, James James, Janne Robertson and John Sheahan (Appellants) Coolah Home Base Pty Ltd (Respondent) Representation: Solicitors: The People's Solicitors (Appellant) Mid-West Law Practice (Respondent) File Number(s): AP 20/23203 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 8 May 2020 Before: K Rickards, General Member File Number(s): RV 20/03821