Chand v Lifestyle Homes NSW* Pty Ltd [2011] NSWCA 129

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chand v Lifestyle Homes NSW* Pty Ltd [2011] NSWCA 129 Hearing dates: 16 May 2011 Decision date: 16 May 2011 Before: Basten JA Decision: (1) Dismiss the appeal from the judgment of the District Court filed on 11 March 2010. (2) Give leave to the appellants to file and serve written submissions in support of the proceedings under s 69 of the Supreme Court Act 1970 for review of the decision of the District Court judgment by 4pm on 14 June 2011. (3) The costs of the Notice of Motion filed by the second respondent on 5 May 2010 seeking to have the appeal dismissed as incompetent be paid by the appellants; otherwise any costs incurred in relation to the appeal to date should be costs in the judicial review proceedings. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - civil - objection to competency of appeal - whether appeal lies from the District Court judgment on an appeal from the Consumer Trader and Tenancy Tribunal - District Court Act 1973 (NSW), s 127; Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), s 67.

WORDS AND PHRASES - "action" - District Court Act 1973 (NSW), s 127 Legislation Cited: Consumer, Trader and Tribunal Act 2001 (NSW), s 67 District Court Act 1973 (NSW), s 127 Cases Cited: Chand v Lifestyle Homes Pty Ltd [2010] NSWCA 135 Muldoon v Church of England Children's Homes Burwood [2011] NSWCA 46 Category: Principal judgment Parties: Ajay Chand (First Appellant) Shashi Chand (Second Appellant) Azurra Pty Ltd (In Liq) (First Respondent) Lifestyle Homes NSW* Pty Ltd (Second Respondent) Representation: Mr A Chand in person Ms M Painter - Second Respondent Applicants self-represented Adams & Partners Lawyers (Second Respondent) File Number(s): CA 2009/329782 Decision under appeal Citation: Chand v Lifestyle Homes NSW* Pty Ltd [2009] NSWDC 335 Date of Decision: 2009-12-14 00:00:00 Before: Hungerford ADCJ File Number(s): DC 4049 of 2008