Hogan v Trustees of Catholic Aged Care Sydney [2016] NSWCATAP 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hogan v Trustees of Catholic Aged Care Sydney [2016] NSWCATAP 188 Hearing dates: 29 January 2016 Date of orders: 24 August 2016 Decision date: 24 August 2016 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member Dr J Lucy, Senior Member Decision: 1 Appeal allowed in part.

2 Direct that, within 14 days of the date of this decision, the Respondent is to notify the Appeal Unit of the Tribunal whether or not it objects to the making of Order 1 sought by the Appellant in these proceedings and, if so, whether it wishes to be heard on the question.

3 The case of the Appellant (the Applicant below) regarding order 6 sought in the Tribunal at first instance is remitted to the Tribunal for determination.

4 The Tribunal's order that the Appellant (the Applicant below) is to pay the costs of the Respondent in the sum of $5,000.00 is set aside.

5 The Respondent's application for costs in the proceedings below is remitted to the Tribunal below for redetermination, having regard to the outcome of this appeal and the outcome of the matter remitted to the Tribunal under Order 3.

6 Direct that, if either party wishes to apply for costs of the appeal, that party is to provide to the Appeal Unit of the Tribunal and the other party written submissions on the question of costs of the appeal, within 14 days of the date of this decision. If such submissions are made, the other party has a further 14 days to provide submissions on the question of costs of the appeal to the Appeal Unit of the Tribunal and the party making the costs application.