TA & JR O’Keefe Pty Ltd v Benita Holroyd and Clarence Valley Council [2015] NSWCATAP 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TA & JR O'Keefe Pty Ltd v Benita Holroyd and Clarence Valley Council [2015] NSWCATAP 112 Hearing dates: 19 December 2014 Date of orders: 18 June 2015 Decision date: 18 June 2015 Jurisdiction: Appeal Panel Before: P M Wass SC, Senior Member K Rosser, Senior Member Decision: 1. The appeal is allowed. 2. Orders 1 and 3 made by the Consumer and Commercial Division on 1 April 2014 are set aside. 3. In lieu thereof, there is no order as to costs in HB11/35746. 4. Any applications for costs of the appeal are to be dealt with in accordance with the directions given at paragraph 60 of the reasons for decision. Catchwords: Appeal; error of law; consideration of ground not in Notice of Appeal; exercise of discretion on costs where proceedings settled Legislation Cited: Civil and Administrative Tribunal Act 2013, Consumer Trader and Tenancy Tribunal Act 2001, Consumer Trader and Tenancy Tribunal Regulation 2009 Cases Cited: Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR175 State of Queensland v J L Holdings (1997) 189 CLR 146 House v. The King (1936) 55 CLR 499 Re Minister for Immigration & Ethnic Affairs (Cth); Ex Parte Lai Qin (1997) 186 CLR 622 Texts Cited: Nil Category: Principal judgment Parties: TA & JR O'Keefe Pty Ltd – Appellant Benita Holroyd – First Respondent Clarence Valley Council – Second Respondent Representation: Counsel: Mr Priestley SC – Appellant Mr McCall – First Respondent Mr Roser – Second Respondent