Elliot Tuthill Nominees Pty Ltd v Boele [2010] NSWSC 103

New South Wales Supreme Court

CITATION : Elliot Tuthill Nominees Pty Ltd v Boele [2010] NSWSC 103

HEARING DATE(S) : 11 - 12 February 2010

JUDGMENT DATE : 12 February 2010

JURISDICTION : Equity Division

JUDGMENT OF : Rein J

1. Pursuant to s 23(2)(a) of the Consumer, Trader and Tenancy Tribunal Act 2001, proceedings 289611 of 2009 are to be transferred to the Consumer, Trader and Tenancy Tribunal. DECISION : 2. Pursuant to s 23(2)(b) of the Consumer, Trader and Tenancy Tribunal Act 2001, proceedings 289611 of 2009 are to continue in the Tribunal as if they had been instituted in the Tribunal. 3. Leave is granted to the cross-claimant, Elliot Tuthill Nominees Pty Limited, to amend its pleadings in the form annexed to these orders, and leave is granted to file in court the second further amended Statement of Cross-Claim.

CATCHWORDS : LANDLORD AND TENANT – lease, "residence contract" – Retirement Villages Act 1999 – resident not in occupation – purported termination of tenancy by landlord – whether s 129 of Retirement Villages Act 1999 exhaustive – whether disclaimer under s 129(2)(d) established

Civil Procedure Act 2005 Consumer, Trader and Tenancy Tribunal Act 2001 LEGISLATION CITED : Retirement Villages Act 1999 Retirement Villages Act 1989 Uniform Civil Procedure Rules 2005

CATEGORY : Principal judgment

CASES CITED : Re Teller Home Furnishers Pty Ltd [1967] VR 311

TEXTS CITED : A J Bradbrook & C E Croft, Commercial Tenancy Law in Australia (2nd ed, 1997), Butterworths, Sydney

PARTIES : Elliot Tuthill Nominees Pty Limited (Plaintiff) Pieter Boele (Defendant)