Murphy v Trustees of Catholic Aged Care Sydney [2017] NSWCATAP 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Murphy v Trustees of Catholic Aged Care Sydney [2017] NSWCATAP 183 Hearing dates: 10 August 2017 Date of orders: 10 August 2017 Decision date: 07 September 2017 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President Decision: (1) The following order of the Tribunal made on 16 June 2017 in proceedings RV 16/42545 is stayed pending further order of the Tribunal:

On or before 11 August 2017 the respondent is to remove the German Shepherd dog known as 'Rex' from his Unit in the retirement village of which he is a resident, and ensure that the dog is not kept in his Unit or brought onto common areas of the village, in compliance with Rule 5 of the village Rules. Catchwords: INTERIM ORDER – where retirement village has a 'no dogs' rule – where resident has a dog – whether stay should be granted to allow the dog to remain with the resident pending the appeal – prospects of success – balance of convenience – interests of justice Legislation Cited: Civil and Administrative Tribunal Act 2013 (NCAT Act) Retirement Villages Act 1999 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 NSW Bar Association v Stevens [2003] NSWCA 95 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 Category: Procedural and other rulings Parties: John Murphy (Appellant) Trustees of Catholic Aged Care Sydney (Respondent) Representation: Appellant (Self-represented)