Gartrell v Roth [2015] NSWCATAP 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gartrell v Roth [2015] NSWCATAP 182 Hearing dates: 17 April, 13 May and 23 June 2015 Date of orders: 01 September 2015 Decision date: 01 September 2015 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President R Titterton, Senior Member Decision: Appeal dismissed Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL - appeal - joinder of parties - where appeal brought by only one of respondents below CIVIL AND ADMINISTRATIVE TRIBUNAL - appeal - extension of time in which to file notice of appeal CIVIL AND ADMINISTRATIVE TRIBUNAL - jurisdiction - question of law CIVIL AND ADMINISTRATIVE TRIBUNAL - Agricultural Tenancies Act - jurisdictional limit of Tribunal - provision that the Tribunal must not make an order for payment of an amount that exceeds $500,000 no bar or limitation on jurisdiction. Legislation Cited: Agricultural Tenancies Act 1990 Civil and Administrative Tribunal Act 2013 Cases Cited: Brashes Convenience Store Pty Ltd v Pitt & Castlereagh Pty Ltd [2013] NSWADT118 House v R [1936] HCA 40 IK Chemists Pty v CHOF4 Artarmon Pty Ltd [2015] NSWCATAP 144 Marketing Pty Limited v A & M Short Investments Pty Limited [2005] NSWSC 485 Poat v Consumer Trader and Tenancy Tribunal [2004] NSWSC 947 Prestige Residential Marketing Pty Limited v A & M Short Investments Pty Limited [2005] NSWSC 485 Category: Principal judgment Parties: Andrew Gartrell (First Appellant) Brent Bannister (Second Appellant) Pipeclay Creek Holdings Pty Ltd (Third Appellant) Guy Roth and Ingrid Roth (Respondents) Representation: Mr M Smith, agent (First Appellant); Mr B Bannister, in person (Second Appellant); Mr B Adams, counsel (Third Appellant); Mr W Washington, counsel (Respondents) File Number(s): AP 15/01097 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2014 NSWCATCCD 235 Date of Decision: 05 December 2014 Before: S Westgarth, Deputy President File Number(s): COM 14/21687