Allen, Anderson, Byng v Tricare; Tucker v Tricare [2016] NSWCATCD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Allen, Anderson, Byng v Tricare; Tucker v Tricare [2016] NSWCATCD 87 Hearing dates: 14 November 2016 Decision date: 29 November 2016 Jurisdiction: Consumer and Commercial Division Before: S Westgarth, Deputy President Decision: (1) The application of the respondent to dismiss the present proceedings is refused; (2) The applicants are to file and serve their evidence in chief (including expert evidence) by 31 January 2017 but this order only operates if the proposed mediation to be held on 15 December 2016 does not successfully resolve the issues between the parties; (3) The respondent is directed to file and serve its evidence in response to the evidence in chief of the applicants within four weeks after the receipt of the applicants' evidence; (4) The proceedings are to be listed in March 2017 for directions and for the appointment of a hearing date on a date to be fixed by the Registrar; and (5) The order made on 10 October 2016 staying the operation of the orders 2, 3 and 4 of the orders made on 6 April 2016 is set aside and the stay is lifted. Catchwords: Transitional provisions, Claim for compensation under section 141 Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential (Land Lease) Communities Act 2013 Residential Parks Act 1998 Cases Cited: Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216 Cai v Zheng [2009] NSWCA 13 Conference & Exhibition Organisers Pty Ltd v Johnson [2016] NSWCA 118 Habib v Radio 2UE Sydney Pty Limited [2009] NSWCA 231 House Of Peace Pty Ltd & Anor V Bankstown City Council [2000] NSWCA 44 Henderson v Henderson (1843) 67 E.R. Mamo v Surace (2014) 86 NSWLR 275 Port Of Melbourne Authority V Anshun Pty Ltd (1981) 147 CLR 589 Tomlinson v Ramsey Food Processing Pty Limited (2015) 98 ALJR Tricare v Allen and others [2016] NSWCATCD 25 Category: Principal judgment Parties: Phillip and Judy Tucker (Applicants in RC 16/42122) Tricare (Hastings) Ltd (Respondent in RC 16/42122) Susan Allen, Beryl Anderson and Kevin and Lorraine Byng (Applicants in RC 16/41917) Tricare (Hastings) Ltd (Respondent in RC 16/41917) Representation: Counsel: Ms McMahon (Applicants) Dr Berveling (Respondent) Solicitors: Paul Smyth (Legal Officer for Tenants' Union – Applicants) Minter Ellison (Respondent) File Number(s): RC 16/42122 and RC 16/41917 Publication restriction: Unrestricted