TriCare (Hastings) Limited v Allen [2015] NSWCA 344

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: TriCare (Hastings) Limited v Allen [2015] NSWCA 344 Hearing dates: 5 November 2015 Date of orders: 10 November 2015 Decision date: 10 November 2015 Before: Ward JA; Simpson JA; Tobias AJA Decision: 1. Appeal be dismissed as incompetent. 2. Each party to pay its or their own costs. Catchwords: APPEAL –– whether appeal incompetent having regard to s 101(1) of the Supreme Court Act 1970 – appellant did not appeal from judgment or order of primary judge but challenged obiter observations as to construction of s 130A of the Residential Parks Act 1998 (NSW) and sought to clarify or correct order remitting matter to the Tribunal in that respect – appeal dismissed as incompetent Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Residential Parks Act 1998 (NSW), ss 128, 130A Supreme Court Act 1970 (NSW), s 101(1) Cases Cited: Driclad Pty Limited v Federal Commissioner of Taxation [1968] HCA 91; (1968) 121 CLR 45 Wang & Liu v State of New South Wales [2011] NSWCA 321 Category: Principal judgment Parties: TriCare (Hastings) Limited (Appellant) Sue Allen (First Respondent) Beryl Anderson (Second Respondent) Kevin Byng (Third Respondent) Lorraine Byng (Fourth Respondent) Phillip Tucker (Fifth Respondent) Judy Tucker (Sixth Respondent) Representation: Counsel: J Robson SC with Dr S Berveling (Appellant) B Walker SC with Ms M McMahon (Respondents)