Pace v Pratelli [2021] NSWCATAP 410

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pace v Pratelli [2021] NSWCATAP 410 Hearing dates: 22 September 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member M Gracie, Senior Member Decision: (1) Leave to appeal refused. (2) There is no order as to the costs of the appeal. (3) If the respondent seeks a different costs order to order (2) above, then the following orders will apply: (a) within 14 days of the publication of these reasons, the respondent is to file and serve any submissions and evidence addressing any "special circumstances" in support of an application for her costs under s 60 of the NCAT Act and to also address whether a hearing on the question of costs may be dispensed with and have the matter determined "on the papers"; (b) the appellants are to file and serve any submissions and evidence in response within 14 days of receipt of the respondent's submissions and evidence and address whether a hearing on the question of costs may be dispensed with and have the matter determined "on the papers". Catchwords: APPEAL — NCAT— Leave to appeal from decision of Consumer and Commercial Division of NCAT - No question of law - No substantial miscarriage of justice - Leave to appeal refused CONTRACTS — Formation — Whether the parties made a binding agreement for a new lease - Lease agreement unsigned - Objective intention - Subsequent conduct of the parties Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 50, 60, 80, Sch 4 cl 12 Residential Tenancies Act 2010 (NSW), ss 86, 118 Cases Cited: ABC v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 631 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Collins v Urban [2014] NSWCATAP 17 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95; [2002] HCA 8 Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603; [2009] NSWCA 407 Integrated Computer Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd (1988) 5 BPR 11,110 Masters v Cameron (1954) 91 CLR 353; [1954] HCA 72 Ryledar Pty Ltd v Euphoric Pty Ltd (2007) 69 NSWLR 603; [2007] NSWCA 65 Sagacious Procurement Pty Ltd v Symbion Health Ltd (formerly Mayne Group Ltd) [2008] NSWCA 149 Category: Principal judgment Parties: Daniel Pace and Santina Pace (Appellants) Rose Marie Pratelli (Respondent) Representation: C Laycock (Appellants)