ALBERT WILSON HOWES & ORS v DOBSON DEVELOPMENTS PTY LTD [2000] NSWCA 336

ALBERT WILSON HOWES & ORS v DOBSON DEVELOPMENTS PTY LTD [2000] NSWCA 336

The Court exercises its discretion to allow the appellants to amend their notice of appeal, dismisses the respondent's notice of motion, and directs practical steps for further evidence and costs, in the interests of justice and clarity on the legal regime governing the parties' rights.

Jurisdiction
Australia
Judgment Date
17 November 2000
Procedural Posture
Appeal / Interlocutory Orders Preceding Appeal Hearing
Outcome
respondent's notice of motion dismissed; appellants' notice of motion partly granted; costs awarded to appellants, enforcement stayed pending appeal; directions for evidence and liberty to apply
Legal Topics
['retirement Villages' 'procedural Appeals' 'statutory Interpretation' 'jurisdiction']
['civil Law'] ['retirement Villages' 'procedural Appeals' 'statutory Interpretation' 'jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Interlocutory Orders Preceding Appeal Hearing

Legal Issues

  1. 1 ['Does the Retirement Villages Act 1999 govern the relationship between the parties given its repeal of the Retirement Villages Act 1989?' 'Is the appeal competent in relation to the new grounds based on the new Act?' 'What is the jurisdictional scope of the Supreme Court regarding relief under the acts?']

Ratio Decidendi

The Court exercises its discretion to allow the appellants to amend their notice of appeal, dismisses the respondent's notice of motion, and directs practical steps for further evidence and costs, in the interests of justice and clarity on the legal regime governing the parties' rights.

Court Disposition

respondent's notice of motion dismissed; appellants' notice of motion partly granted; costs awarded to appellants, enforcement stayed pending appeal; directions for evidence and liberty to apply

Orders

  • ["Dismiss the respondent's notice of motion." "Grant the orders sought in para 2 of the appellants' notice of motion." "Stand over the balance of the appellants' notice of motion to the hearing of the appeal." 'Appellants to file amended notice of appeal forthwith.' 'Respondent to file and serve evidence relevant to...