Overton Investments v Carnegie [2001] NSWSC 31

New South Wales Supreme Court

CITATION : Overton Investments v Carnegie [2001] NSWSC 31 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4549 of 2000 HEARING DATE(S) : 29 January 2001 JUDGMENT DATE : 8 February 2001

Overton Investments Pty Ltd (Plaintiff) PARTIES : Neville John Carnegie (First Defendant) Residential Tribunal (Second Defendant) JUDGMENT OF : Windeyer J at 1

LOWER COURT Residential Tribunal JURISDICTION : LOWER COURT 99/28229 FILE NUMBER(S) : LOWER COURT Member H Edward Moore JUDICIAL OFFICER :

Mr M Slattery QC with him Mr A McInerney (Plaintiff) COUNSEL : Mr G Moore (First Defendant) Submitting Appearance (Second Defendant) Gadens (Plaintiff) SOLICITORS : Wendy Fisher (First Defendant) I V Knight (Second Defendant) CATCHWORDS : ADMINISTRATIVE LAW - RETIREMENT VILLAGES - application to Residential Tribunal after budget impasse - proceedings in Tribunal commenced when Retirement Villages Act 1989 in operation - whether maintainable after repeal of that Act - transitional provisions in Retirement Villages Act 1999 whether such provisions showed contrary intention to exclude operation of s30 of Interpretation Act 1987 - STATUTES - Interpretation - Interpretation Act 1987 s5(2) and s30 - whether contrary intention shown in Retirement Villages Act 1999 so as to exclude operation of s30 in respect of pending proceedings under repealed 1989 Act before Residential Tribunal. - STATUTES - Retirement Villages Act 1999 - repeal of Retirement Villages Act 1989 by s206 - effect on proceedings commenced in Residential Tribunal - STATUTES - Residential Tribunal Act 1998 - s6 - jurisdiction to determine applications pending under Retirement Villages Act 1989 at date of repeal of that Act Acts Interpretation Act 1901 (Cth) s8 Interpretation Act 1987 s5(2), s30 Residential Tribunal Act 1998 s6, s6(2) LEGISLATION CITED : Residential Tribunal Regulation 1999 Cl 13(1)(p), Cl 13(2) Retirement Industry Code of Practice Regulation 1995 Retirement Villages Act 1989 s14A Retirement Villages Act 1999 s115, s120, s206, s207, Sch 3 Cl 3.6[1], Sch 4 Cl 2, Cl 5 and Cl 8 Retirement Villages Regulation 1995 CASES CITED : Esber v Commonwealth of Australia (1991-2) 174 CLR 430 Mathieson v Burton (1970-1) 124 CLR 1 DECISION : Summons (being appeal from Residential Tribunal) dismissed with costs