Murphy v Trustees of Catholic Aged Care Sydney [2019] NSWCATAP 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Murphy v Trustees of Catholic Aged Care Sydney [2019] NSWCATAP 37 Hearing dates: 4 December 2018 Date of orders: 07 February 2019 Decision date: 07 February 2019 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member A Suthers, Senior Member Decision: (1) The time for filing the Notice of Appeal is extended to 6 September 2018. (2) In respect of RV 17/28737, the appeal is dismissed. Leave to appeal on a ground other than a question of law is refused. (3) In respect of RV 17/44236, the appeal is dismissed. Leave to appeal on a ground other than a question of law is refused. (4) If the respondent seeks costs, it should give to the appellant and the Tribunal any submissions as to costs by 20 February 2019. (5) The appellant may respond by 6 March 2019 Catchwords: APPEAL – whether the Tribunal erred in interpreting ss 120C and 128 of the Retirement Villages Act 1999 (NSW) – no question of law and appeal dismissed – application for leave to appeal dismissed

PRACTICE AND PROCEDURE – whether the Tribunal erred in dealing with two matters together and in otherwise dealing with a remitted matter

PRACTIVE AND PROCEDURE – submissions filed without leave Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retirement Villages Act 1999 (NSW) Retirement Villages Regulation 2017 (NSW) Cases Cited: Abdel-Messih v Lobo [2016] NSWCATAP 143. Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Bale v Mills [2011] NSWCA 226 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 Carr v Finance Corporation of Australia Ltd (No 1) [1981] HCA 20 CEU v University of Technology Sydney [2018] NSWCATAD 13 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe [1986] HCA 33 Eastman v Director of Public Prosecutions (ACT) [2003] HCA 28 Government Insurance Office of NSW (1997) 48 NSWLR 430 Notaras v Waverley Council (2007) 161 LGERA 230 Palm Homes Pty Ltd v Kav's Constructions Pty Ltd Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: John Murphy (Appellant) The Trustees of Catholic Aged Care Sydney (Respondent) Representation: Counsel: M Walsh (Respondent)