Butterworth v Trustees of the Society of St Vincent de Paul (NSW) [2012] NSWDC 211

District Court New South Wales

Medium Neutral Citation: Butterworth v Trustees of the Society of St Vincent de Paul (NSW) [2012] NSWDC 211 Hearing dates: 04 & 05/10/2012 Decision date: 16 November 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Mr Butterworth's appeal in consolidated proceedings numbered 12/242395 which in turn relate to the subject proceedings in the Consumer, Trader and Tenancy Tribunal, is allowed; 2.The decisions and orders of the Consumer, Trader and Tenancy Tribunal proceedings before that Tribunal and numbered RV 10/47361 and RT 10/44292 are set aside; 3.The respondent/defendant, The Society of St Vincent De Paul is to pay Mr Butterworth's costs of the consolidated appeal on the ordinary basis unless some other entitlement to costs can be shown; 4.The exhibits may be returned; 5.Liberty to apply on 7 days notice if further orders are required; 6.The Registry of this Court is to return the papers and files forwarded by the Consumer, Trader and Tenancy Tribunal in proceedings numbered RV 10/47361 and RT 10/44292, together with a copy of these reasons. [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: ADMINISTRATIVE LAW - appeals from CTTT - whether appellant has demonstrated relevant errors with respect to matters of law - whether agreement between the parties is governed by the provisions of the Residential Tenancies Act 1987 or The Retirement Villages Act 1999 - construction of document containing uanuthorised unilateral alteration purportedly on behalf of the defendant Legislation Cited: Consumer, Trader and Tenancy Act 2001, s 67(1) Residential Tenancies Act 1987, s 6(1), s 58, s 64, s 65 Residential Tenancies Act 2010, s 8(1) Retirement Villages Act 1999, s 5, s 5(1), s 5(3), s 128(1) Cases Cited: Australian Gypsum Ltd v Hume Steel Ltd [1930] HCA 38; (1930) 45 CLR 54 Kalokerinos v HIA Building Services Pty Ltd [2004] NSWCA 312 Kostas & Anor v HIA Insurance Services Pty Ltd [2010] HCA 32; (2010) 270 ALR 228 Taylor v Johnson [1983] HCA 5; (1983) 151 CLR 422 Moses v Northern Assurance Co (1856) 1 VLT 114, at p 115 Toll (FGCT) Pty Limited v Alphapharm Pty Ltd & Ors [2004] HCA 52; (2004) 219 CLR 165 Category: Principal judgment Parties: Ronald Anthony Butterworth (Appellant) The Trustees of the Society of St Vincent de Paul (NSW) (Respondent) Representation: Mr C Vindin (Appellant) Mr A Vincent (Respondent) Peter Baker (Appellant) Hunt & Hunt (Respondent) File Number(s): 2012/211047 & 2012/242395 Publication restriction: None Decision under appeal Date of Decision: 2012-06-14 00:00:00 Before: Consumer, Trader & Tenancy Tribunal Tribunal Member Ms C Paull File Number(s): RV 10/47361 (30/04/2012) & RT 10/44292 (14/06/2012)