Astley v J H Properties Pty Ltd [2017] NSWCATAP 181

Astley v J H Properties Pty Ltd [2017] NSWCATAP 181

The evidence did not establish that the consent order should be set aside: no misrepresentation, duress, undue influence, or special disadvantage was proved; warnings by the Tribunal Member did not amount to illegitimate pressure or coercion, and the homeowners acted on advice of their advocates. The appeal is dismissed.

Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
['consent Orders' 'setting Aside Consent Orders' 'residential (land Lease) Communities' 'tribunal Powers']
['administrative Law' 'residential Law'] ['consent Orders' 'setting Aside Consent Orders' 'residential (land Lease) Communities' 'tribunal Powers']

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

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether consent orders made under s 59 of the Civil and Administrative Tribunal Act 2013 may be set aside' 'Whether there was misrepresentation, coercion, duress, or undue influence justifying that the consent orders be set aside' 'Whether the Tribunal Member erred in allowing certain financial evidence']

Ratio Decidendi

The evidence did not establish that the consent order should be set aside: no misrepresentation, duress, undue influence, or special disadvantage was proved; warnings by the Tribunal Member did not amount to illegitimate pressure or coercion, and the homeowners acted on advice of their advocates. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']