Shayer v Byron Bay Retirement Village Pty Ltd [2016] NSWCATAP 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shayer v Byron Bay Retirement Village Pty Ltd [2016] NSWCATAP 184 Hearing dates: On the papers Date of orders: 10 August 2016 Decision date: 10 August 2016 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R Deutsch, Senior Member Decision: (1) The appellant is granted leave to appeal; (2) The appeal is dismissed; (3) The orders made on 11 February 2016 are affirmed; and (4) The appellant is to pay the respondent's costs of and incidental to the appeal excluding the respondent's costs of and incidental to the application for security for costs. Catchwords: Dismissal of Proceedings – clause 10(2)(a) Schedule 4 of the Civil and Administrative Tribunal Act 2013 NSW (the Act) – party conducting proceedings in such a way that unreasonably disadvantage another party – section 55 of the Act – clause 10(3) of Schedule 4 – indemnity costs Legislation Cited: Retail Leases Act NSW 1999 Civil and Administrative Tribunal Act NSW 2013 Civil and Administrative Tribunal Rule 2015 Legal Professional Uniform Law (NSW) Legal Professional Uniform Law Application Act 2014 Cases Cited: Colgate-Palmolive Company and Colgate-Palmolive Pty Limited v Cussons Pty Limited [1993] FCA 536 Cominos v Di Rico (No 2) [2016] NSWCATAP 138 Texts Cited: Nil Category: Principal judgment Parties: Philip Shayer (Appellant) Byron Bay Retirement Village Pty Ltd (Respondent) Representation: Appellant – self represented