Sadlo v Australian Retirement Holdings Pty Ltd [2020] NSWCATAP 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sadlo v Australian Retirement Holdings Pty Ltd [2020] NSWCATAP 169 Hearing dates: On the papers after 21 May 2020 Date of orders: 7 August 2020 Decision date: 07 August 2020 Jurisdiction: Appeal Panel Before: N Hennessy ADCJ, Deputy President L Pearson, Principal Member Decision: (1) The time for lodging the appeal is extended to 17 March 2020. (2) Leave is refused for Mr Sadlo to appeal on grounds other than a question of law. (3) The appeal is dismissed. (4) If either party wishes to apply for costs on appeal, they should give written submissions to the Tribunal and the other party within 21 days of the date of these reasons. (5) The other party should give written submissions in reply to the Tribunal and the other party within a further 21 days. (6) In their submissions, the parties should advise the Tribunal of their views as to whether the Tribunal should make an order dispensing with a hearing under s 50 of the Civil and Administrative Tribunal Act 2013. Catchwords: APPEAL – time limits for appeals from costs decisions in the Consumer and Commercial Division -nature of appeal from costs decision under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) – appeal from discretionary decision – applicability of rules in House v The King Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Retirement Villages Act 1999 (NSW) Strata Schemes Management Act 1996 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Australian Coal & Shale Employees' Federation v Commonwealth (1953) 94 CLR 621 Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (2003) 214 CLR Cripps v G & M Dawson Pty ltd [2006] NSWCA 81 House v The King (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Latoudis v Casey [1990] HCA 59 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 The Owners Corporation of Strata Plan 4521 v Zouk [2007] NSWCA 23 Warren v Coombes [1979] 142 CLR 531; [1979] HCA 3 Texts Cited: None cited Category: Principal judgment Parties: Walter Sadlo (Appellant) Australian Retirement Holdings Pty Ltd (Respondent) Representation: Counsel: G Watson SC (Appellant) J Trebeck (Respondent)