Overton Investments v Carnegie [2001] NSWSC 31

Overton Investments v Carnegie [2001] NSWSC 31

The Retirement Villages Act 1999 did not show a contrary intention sufficient to exclude s30 of the Interpretation Act 1987. Schedule 4 Cl 8 was not comprehensive of all pending proceedings and had a specific reason concerning termination proceedings; the amendment to the note to s6 of the Residential Tribunal Act...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 February 2001
Procedural Posture
Appeal From Residential Tribunal Decision / Summons Seeking to Set Aside Tribunal Determinations and for Stay
Outcome
Summons dismissed with costs.
Legal Topics
['effect of Repeal on Pending Proceedings' 'savings and Transitional Provisions' 'residential Tribunal Jurisdiction' 'legal Representation Before Tribunal']
['administrative Law' 'statutory Interpretation' 'retirement Villages'] ['effect of Repeal on Pending Proceedings' 'savings and Transitional Provisions' 'residential Tribunal Jurisdiction' 'legal Representation Before Tribunal']

Source-derived case record

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Procedural Posture

Appeal From Residential Tribunal Decision / Summons Seeking to Set Aside Tribunal Determinations and for Stay

Legal Issues

  1. 1 ['Whether the repeal of the Retirement Villages Act 1989 meant that an application under s14A of that Act pending before the Residential Tribunal could no longer be maintained.' 'Whether the Retirement Villages Act 1999 showed a contrary intention excluding the operation of s30 of the Interpretation Act 1987 in relation to pending proceedings under the repealed Act.' "Whether the amendment to the note to s6 of the Residential Tribunal Act 1998 removed the Tribunal's jurisdiction in respect of pending proceedings under the Retirement Villages Act 1989." 'Whether the Tribunal erred in withdrawing leave for legal representation.']

Ratio Decidendi

The Retirement Villages Act 1999 did not show a contrary intention sufficient to exclude s30 of the Interpretation Act 1987. Schedule 4 Cl 8 was not comprehensive of all pending proceedings and had a specific reason concerning termination proceedings; the amendment to the note to s6 of the Residential Tribunal Act 1998 did not remove jurisdiction preserved by s30 and notes did not form part of the Act; and s120 concerned actual surpluses or deficits in annual accounts, not an unresolved draft budget dispute. The pending s14A application under the Retirement Villages Act 1989 could therefore be maintained. The challenge to the Tribunal's discretionary withdrawal of leave for legal...

Court Disposition

Summons dismissed with costs.

Orders

  • ['The summons is dismissed with costs.']