Milstern Retirement v Nance Carton & Ors [2006] NSWSC 937

Milstern Retirement v Nance Carton & Ors [2006] NSWSC 937

The Tribunal applied the correct statutory test regarding kitchen wage expenditure under s 115(4) Retirement Villages Act 1999 (NSW); procedural fairness was afforded; there was sufficient evidence for the Tribunal's finding; no apprehension of bias was established; and the rehearing decision is not reviewable by this Court under the relevant statutory provisions.

Jurisdiction
Australia
Judgment Date
14 September 2006
Procedural Posture
Appeal / Judgment
Outcome
The appeal is dismissed; the order of Tribunal Member H E Moore dated 9 November 2005 is affirmed; application for relief refused; amended summons dismissed; plaintiff to pay third defendant's costs.
Legal Topics
['retirement Villages' 'kitchen Expenses' 'procedural Fairness' 'jurisdictional Error' 'certiorari' 'mandamus' 'costs']
['administrative Law'] ['retirement Villages' 'kitchen Expenses' 'procedural Fairness' 'jurisdictional Error' 'certiorari' 'mandamus' 'costs']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal applied the correct test regarding kitchen wage expenditure under s 115(4) Retirement Villages Act 1999 (NSW)' 'Whether there was procedural fairness (natural justice) denied to the plaintiff' "Whether there was sufficient evidence to support the Tribunal's finding on kitchen wage expenses" 'Whether the Tribunal acted with apprehended bias' 'Whether the rehearing decision is subject to review']

Ratio Decidendi

The Tribunal applied the correct statutory test regarding kitchen wage expenditure under s 115(4) Retirement Villages Act 1999 (NSW); procedural fairness was afforded; there was sufficient evidence for the Tribunal's finding; no apprehension of bias was established; and the rehearing decision is not reviewable by this Court under the relevant statutory provisions.

Court Disposition

The appeal is dismissed; the order of Tribunal Member H E Moore dated 9 November 2005 is affirmed; application for relief refused; amended summons dismissed; plaintiff to pay third defendant's costs.

Orders

  • ['The appeal is dismissed.' 'The application for relief under s 65(3) is refused.' 'The order of the Tribunal Member H E Moore dated 9 November 2005 is affirmed.' 'The amended summons filed 9 May 2006 is dismissed.' "The plaintiff is to pay the third defendant's costs as agreed or assessed."]