Warfield v Galt Investments Pty Ltd t/as Lifestyle Village Anna Bay [2023] NSWCATEN 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Warfield v Galt Investments Pty Ltd t/as Lifestyle Village Anna Bay [2023] NSWCATEN 4 Hearing dates: On the papers Date of orders: 15 May 2023 Decision date: 15 May 2023 Jurisdiction: Enforcement Before: Coleman SC ADCJ Decision: (1) Pursuant to the provisions of s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dispenses with a hearing of the proceedings. (2) The Application of 13 October 2022 for referral of the Respondent to the Supreme Court to be dealt with for contempt of the orders of the Tribunal of 12 February 2021 and/or 23 February 2021 is dismissed. (3) Any party seeking an order for costs of the proceedings file and serve written submissions not exceeding 5 pages in length in support of such application within 21 days of these orders. (4) A party opposing an application for costs file and serve written submissions not exceeding 5 pages in length in opposition to such application within 42 days of these orders. (5) A party opposing an order dispensing with a hearing of any costs application pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) include submissions in support of such opposition in any submissions filed pursuant to order 3 or 4 of these orders. Catchwords: PRACTICE AND PROCEDURE – contempt – whether respondent in breach of orders of Tribunal – whether applicants adduced admissible evidence capable of establishing contempt of Tribunal – whether contempt application should be referred to Supreme Court Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Cases Cited: Australasian Meat Industry Employees Union v Mudginberri Station Pty Limited (1986) 161 CLR 98; [1986] HCA 46 Burns v Corbett [2015] NSWCATAD 188 DVI v ZTT [2021] NSWCATEN 4 Mohareb v Palmer [2017] NSWCA 281 National Australia Bank Limited v Juric [2001] VSC 375 Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3 Category: Principal judgment Parties: Garry Robert Warfield (First Applicant) Richard 'Rick' Pollack (Second Applicant) David Green (Third Applicant) Jacqueline Smyth (Fourth Applicant) Patricia Mashman (Fifth Applicant) Galt Investments Pty Ltd trading as Lifestyle Village Anna Bay ACN 117 681 535 (Respondent) Representation: Solicitors: Tenants' Union of New South Wales (Applicants) Atkinson Vinden (Respondent) File Number(s): PC 22/47388 Publication restriction: Nil