Molloy v Stewards’ Foundation of Christian Brethren [2022] NSWCATAP 394

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Molloy v Stewards' Foundation of Christian Brethren [2022] NSWCATAP 394 Hearing dates: 5 December 2022 Date of orders: 20 December 2022 Decision date: 20 December 2022 Jurisdiction: Appeal Panel Before: R Titterton, Senior Member OAM D Goldstein, Senior Member Decision: 1. The application for leave to appeal is refused. 2. The appeal is otherwise dismissed. 3. The respondent's application for costs is dismissed. Catchwords: APPEALS — leave to appeal – decision not fair and equitable – decision against the weight of the evidence – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – ss 60, 80; cl 12 of Sch 4 Civil and Administrative Tribunal Rules 2014 (NSW) Retirement Villages Act 1999 (NSW) – ss 66(2), 66(3) Retirement Villages Regulation 2017 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Anderson v The Owners - Strata Plan No. 61034 (No 2) [2019] NSWCATAP 108 Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152. Collins v Urban [2014] NSWCATAP 17 Gizah Pty Limited v AXA Trustees Limited (No. 2) [2001] NSWADT 164 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Temple v AMR Motors Pty Limited [2017] NSWCATAP 221 Texts Cited: None cited Category: Principal judgment Parties: Myrtle Molloy (Appellant) Stewards' Foundation of Christian Brethren (Respondent) Representation: Solicitors: Appellant (Self-represented) Atkinson Vinden Lawyers (Respondent) File Number(s): 2022/00290860 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2022] NSWCATCD Date of Decision: 01 September 2022 Before: G Blake AM, SC, Senior Member File Number(s): RV 22/17962