Concourt Pty Ltd v Victoria Mary Kerr [2015] NSWCATAP 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Concourt Pty Ltd v Victoria Mary Kerr [2015] NSWCATAP 106 Hearing dates: 17 April 2015 Date of orders: 09 June 2015 Decision date: 09 June 2015 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member S Thode, Senior Member Decision: In relation to Appeal 14/59781, the Tribunal orders that: 1. The application for leave to appeal out of time is dismissed. 2. The appeal is otherwise dismissed.

In relation to Appeal 15/10590, the Tribunal orders that: 1. The appeal is allowed in part. 2. The appellant is to file and serve orders giving effect to these reasons within 7 days together with no more than 3 pages of explanatory submissions on this and costs. 3. The respondent is within a further 7 days, to file and serve any alternative orders together with no more than 3 pages of submissions in response as to relief and costs. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Appeal Panel – extension of time returned – error of fact or law – appeal allowed in part Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Cases Cited: Amaca Pty Ltd v Tullipan [2014] NSWCA 269 Australian Broadcasting Tribunal v Bond Chand v Rail Corporation of New South Wales No 3 [2010] NSWADTAP 11 Coulton v Holcombe [1986] HCA 33 Fitzallen v Roseberry-Toorak Football Club [2003] TASSC 112 Gallo v Dawson [1990] HCA 30 Habib v State of New South Wales [2014] NSWCATAP 70 Jackamarra v Krakouer (1998) 195 CLR 516 Jackson v Land and Housing Corporation [2014] NSWCATAP 22 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Molyneux v Chief Commissioner of State Revenue [2012] NSWADTAP 53 Nanschild v Pratt [2011] NSWCA 85 Opera Australia Ltd v Carr [1999] NSWADTAP 6 Owners Corporation Strata Plan 64757 v MJA Group Pty Ltd [2011] NSWCA 236 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 The Australian Gas Light Company v Valuer-General Tomko v Palasty (No 2) (2007) 71 NSWLR 61 Texts Cited: None Category: Principal judgment Parties: Concourt Pty Ltd, Appellant in AP 15/10590, Respondent in AP 15/59781 Victoria Mary Kerr, Appellant in AP 15/59781, Respondent in AP 15/10590 Representation: Mr Allan of counsel instructed by Messrs Ziman & Ziman Mr Simpkins of counsel instructed by Messrs Bird & Bird solicitors File Number(s): AP 15/10590; AP 14/59781 Publication restriction: None Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2014] NSWCATCD 256 Date of Decision: 13 November 2014 Before: G Meadows, Senior Member File Number(s): HB13/09795;HB13/31696