CHAND v LIFESTYLE HOMES NSW PTY LTD [2010] NSWCA 135

New South Wales Court of Appeal

CITATION: CHAND v LIFESTYLE HOMES NSW PTY LTD [2010] NSWCA 135

HEARING DATE(S): 7 June 2010

JUDGMENT DATE: 7 June 2010

JUDGMENT OF: Basten JA at 1

(1) In the appeal proceedings, direct that the respondent file a notice of objection to the competency of the appeal. (2) In relation to the proceedings under s 69 of the Supreme Court Act 1970 commenced by the appellants in the Common Law Division, note that the Chief Judge at Common Law may direct that the proceedings be transferred to this Court. (3) Direct that the three sets of proceedings, namely – DECISION: (a) the appeal from the District Court; (b) the summons seeking review of the orders of the District Court, pursuant to s 69 of the Supreme Court Act, and (c) the summons transferred from the Common Law Division, seeking review of the orders of the Tribunal, be listed together and, in the first instance, before the Registrar at the next convenient callover date.

CATCHWORDS: APPEAL - civil - right to appeal from decision of District Court on an appeal from the Consumer, Trader and Tenancy Tribunal - ADMINISTRATIVE LAW - judicial review - whether necessary to supplement statutory appeal - bifurcated jurisdiction - PROCEDURE - civil - transfer of proceedings to Court of Appeal - avoidance of cost and delay - Uniform Civil Procedure Rules 2005 (NSW), r 1.21(1) - WORDS & PHRASES - "action"

Civil Procedure Act 2005 (NSW), s 56; Pt 9 Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), ss 65, 66, 67 LEGISLATION CITED: Courts and Crimes Legislation Amendment Act 2008 (NSW), Sch 5 District Court Act 1973 (NSW), ss 127, 142N Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 1.21