Loch v New South Wales Land and Housing Corporation [2014] NSWCATAP 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Loch v New South Wales Land and Housing Corporation [2014] NSWCATAP 110 Hearing dates: 17 November 2014 Decision date: 16 December 2014 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President K Rosser, Senior Member Decision: 1. The appeal on a question of law is dismissed. 2. Leave is refused to appeal on grounds other than a question of law. 3. The Respondent's application for costs is refused. 4. The Appellant's application for costs is refused. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL - appeal from consent orders made by the Consumer and Commercial Division - whether Tribunal complied with s 59 of the Civil and Administrative Tribunal Act 2013 when making orders to give effect to an agreed settlement - whether there are any other grounds on which consent orders should be set aside Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Barghouthi v Transfield Pty Ltd [2002] FCA 666 Blackington Pty Limited v Leonard Hogg [2007] NSWSC 266 Frackelton v McQueen; Re a Solicitor [1910] St R Qd 1 Free v Thomas [2009] NSWSC 642 Harvey v Phillips (1956) 95 CLR 235 Kinch v Walcott [1929] AC 483; Re JJT; Ex Parte Victoria Legal Aid [1998] HCA 44 Thomson Australia Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 XYZ v State Trustees Limited & Anor [2006] VSC 444 Texts Cited: Bernard Cairns, Australian Civil Procedure (8th ed, 2009 Law Book Co) Category: Principal judgment Parties: Leonie Loch NSW Land and Housing Corporation Representation: R Walton (Respondent) Appellant (self-represented) File Number(s): AP 14/46452 (AP 14/0274) Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-06-16 00:00:00 Before: G Bassett File Number(s): SH 14/13980