Rowe v Kincumber Nautical Village Pty Ltd [2022] NSWSC 533

Supreme Court New South Wales

Medium Neutral Citation: Rowe v Kincumber Nautical Village Pty Ltd [2022] NSWSC 533 Hearing dates: 14 February 2022 Date of orders: 4 May 2022 Decision date: 04 May 2022 Jurisdiction: Common Law Before: Rothman J Decision: (1) The appeal is to be treated as a representative proceeding; (2) The appellant is to file short minutes of order regarding directions needed to be made in accordance with the provisions of Part 10 of the Civil Procedure Act; (3) Pursuant to the Uniform Civil Procedure Rules 2005, Part 49 Rule 49.19, the order of the Registrar of 17 November 2021 in these proceedings as to payment of costs be set aside; (4) Costs of these proceedings and the costs of the directions hearings relating thereto be costs in the cause. Catchwords: CIVIL PROCEDURE – REPRESENTATIVE PROCEEDINGS – APPEAL AGAINST NCAT – 52 respondents to NCAT appeal proceedings – application for appeal to be representative proceeding – meaning of "claim" – broad meaning – overriding purpose of Civil Procedure Act. COSTS – Review of Registrar's order in light of result of application – Registrar's costs order set aside – costs be costs in the cause. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Civil Procedure Act 2005 (NSW), ss 3, 56, 155, 157, 162, 175, 176 and 177 Residential Land Lease Communities Act 2013 (NSW), ss 65 and 66 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Attorney-General v Sillem (1864) 10 HLC at 724 Kincumber Nautical Village Pty Ltd v Morris [2020] NSWCATAP 275 Land Mortgage and Agency Co Ltd v The King (1922) 30 CLR 523 Marbury v Madison (1803) 5 US 137 Morris & Ors v Kincumber Nautical Village Pty Ltd [2014] NSWCATCD Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 1 R v Gray; Ex parte Marsh (1981) 157 CLR 351 Read v Brown (1888) 22 Q.B.D 128 Tomko v Palasty (No 2) (2008) 71 NSWLR 61; [2007] NSWCA 369 Texts Cited: Quick & Garan, The Annotated Constitution of the Australian Commonwealth Category: Procedural rulings Parties: Daryl Rowe (Plaintiff) Kincumber Nautical Village Pty Ltd (Defendant) Representation: Counsel: P. Batley (Plaintiff) A. Hochroth (Defendant)