Coolah Home Base Pty Ltd v Tait [2023] NSWCATAP 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Coolah Home Base Pty Ltd v Tait [2023] NSWCATAP 3 Hearing dates: On the papers Date of orders: 09 January 2023 Decision date: 09 January 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member G Burton SC, Senior Member Decision: (1) Dispense with a hearing on costs. (2) The respondents' application for costs of the appeal and the primary proceedings is dismissed. (3) Make no order as to the costs of the appeal, to the effect that each party bears their costs of the appeal. Catchwords: REAL PROPERTY - Retirement Villages – Residential (Land Lease) Communities – nature of relief sought – where costs can be awarded Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Retirement Villages Act 1999 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Coolah Home Base Pty Ltd v Tait [2022] NSWCATAP 324 Hanave PL v Wine Nomad PL [2022] NSWCATAP 361 Owners SP 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Texts Cited: None cited Category: Costs Parties: Coolah Home Base Pty Ltd and 3 others (Appellants) Lee Marilyn Tait and 14 others (Respondents) Representation: Counsel: T Bateman (Appellants) P Vogel, solicitor (Respondents)

Solicitors: Bridges Lawyers (Appellants) The People's Solicitors (Respondents) File Number(s): 2021/00207979 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 05 July 2021 Before: J Ringrose, Member File Number(s): RV 20/03821, re-numbered on remitter RV 20/32988