Eager v North Sydney Retirement Trust [2018] NSWCATAP 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eager v North Sydney Retirement Trust [2018] NSWCATAP 50 Hearing dates: 18 August 2017 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member A Boxall, Senior member Decision: In AP 16/55362 (the substantive appeal):

1. Grant leave to appeal against the dismissal of the claim for Order 2 in the application on Ground 4 of the grounds of appeal set out under item B of the attachment to the Notice of Appeal and on the ground of new evidence concerning alleged deferred management fees earnt by the respondent

2. Leave to appeal is refused on all other grounds of appeal.

3. Allow the appeal on the grounds referred to in Order 1.

4. Order 1 of the orders made by the Tribunal on 14 November 2016 be set aside but only in so far as it dismissed the claim for Order 2 in the application based upon the alleged failure of the audited accounts for the year ended 30 June 2015 to comply with s 119 (2) (a) (i) and (iv) of the Retirement Villages Act 1999.

5. The respondent's notice of motion dated 19 September 2016 is dismissed in so far as it sought dismissal pursuant to s 55 (1) of the Civil and Administrative Tribunal Act 2013 of the appellant's claim for Order 2 in the application based upon the alleged failure of the audited accounts for the year ended 30 June 2015 to comply with s 119 (2) (a) (i) and (iv) of the Retirement Villages Act 1999.

6. The appellant's claim for Order 2 based upon the alleged failure of the audited accounts for the year ended 30 June 2015 to comply with s 119 (2) (a) (i) and (iv) of the Retirement Villages Act 1999 is to be reconsidered by the Tribunal and the Tribunal is to fix a date for the making of directions for the future conduct of that claim.