NSW Caselaw
New South Wales Court of Appeal
CITATION: Bondi Beach Astra Retirement Village Pty Ltd v Hohman [2010] NSWCA 38
HEARING DATE(S): 23 February 2010
JUDGMENT DATE: 19 March 2010
JUDGMENT OF: Basten JA at [1]; Macfarlan JA at [50]; Young JA at [51]
DECISION: The appeal is dismissed with costs.
CATCHWORDS: APPEAL- from CTTT only "with respect to a matter of law" ambit- Consumer, Trader and Tenancy Tribunal Act 2001, s 67. CONVEYANCING- options- put option to operator of retirement village to buy back freehold unit on certain events- subsequently Retirement Villages Act 1999 provides that option lapses unless grantee gives notice of intention to exercise within a defined period- time for exercise of option does not occur during defined period- whether option lapses- Retirement Villages Act 1999, s 167. PRACTICE AND PROCEDURE- undesirability of coupling proceedings for specific performance with a statutory appeal. WORDS AND PHRASES- "Decide"- "Decision"- what does the propositus need to know before he or she can make a decision on a matter. WORDS AND PHRASES- "Moves out" (of premises).
Consumer, Trader and Tenancy Tribunal Act 2001, s 67 LEGISLATION CITED: Retirement Villages Act 1999, ss 7, 8, 128, 167 Supreme Court Act 1970, s 69
CATEGORY: Principal judgment
Bondi Beach Astra Retirement Village Pty Ltd v Gora [2010] NSWSC 81 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Farquhar v Milstern Retirement Services Pty Ltd [2006] NSWCTTT 608 HIA Insurance Services Pty Ltd v Kostas [2009] NSWCA 292 CASES CITED: Kirk v Industrial Relations Commission [2010] HCA 1 Maunsell v Olins [1975] AC 373 Minister Administering the Crown Lands Act v Bathurst Local Aboriginal Land Council [2009] NSWCA 138; 166 LGERA 479 NSW Associated Blue-Metal Quarries Ltd v Federal Commissioner of Taxation [1956] HCA 80; 94 CLR 509 Polglaze v Veterinary Practitioners Board of NSW [2010] NSWCA 4 Smith v Collings Homes Pty Ltd [2004] NSWCA 75 The Acacia Ridge Holdings Pty Ltd v Stratis [2009] 2 Qd R 100
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