NSW Caselaw
New South Wales Supreme Court
CITATION : Overton Investments v Carnegie & Anor [2000] NSWSC 581 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 10754/00 HEARING DATE(S) : 30 May 2000 JUDGMENT DATE : 28 June 2000
Overton Investments Pty Limited (Plaintiff) v PARTIES : Neville John Carnegie (First Defendant)
Residential Tribunal (Second Defendant) JUDGMENT OF : Davies AJ
LOWER COURT Residential Tribunal JURISDICTION : LOWER COURT 99/28229 FILE NUMBER(S) : LOWER COURT H E Moore, Member JUDICIAL OFFICER :
P: Mr A J McInerney COUNSEL : 1D: Mr G A Moore 2D: Submitting Appearance P: Gadens Lawyers SOLICITORS : 1D: The Aged-care Rights Service (TARS) 2D: I V Knight, Crown Solicitor CATCHWORDS : Administrative Law - whether budget impasse in relation to retirement village - nature of application to the Court from ruling of Residential Tribunal on question of law - whether application limited to error of law - whether provisions of Code to be given a technical or a substantive effect. Retirement Village Industry Code of Practice Regulation 1995, cls 39, 40, 41 Retirement Villages Act 1989, s 14A Residential Tribunal Act, 1998, ss 22, 60 LEGISLATION CITED : Constitution, s 75(v) Fair Trading Act 1987, s 78A Trade Practices Act 1974 (Cth), s 87 Contracts Review Act 1980 Murphy v Overton Investments Pty Ltd (unrep, Windeyer J, 23/12/97) Murphy v Overton Investments Pty Ltd (unrep, Court of Appeal, 3/9/98) The King v Blakeley; Ex parte The Association of Architects, Engineers, Surveyors and Draughtsmen of Australia (1950) 82 CLR 54 The Queen v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100 CASES CITED : Reg v Home Secretary; Ex parte Khawaja (H.L.(E.)) [1984] 1 AC 74 Re Ludeke; Ex parte Queensland Electricity Commission (1985) 60 ALR 641 The Queen v Commissioners for Special Purposes of the Income Tax (1888) 21 QBD 313 Reg v The District Court; Ex parte White (1966) 116 CLR 644 Director-General of Social Services v Chaney (1980) 31 ALR 571 DECISION : Application dismissed with costs.
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