Fontainas v Gennacker Pty Ltd t/as Homestead Holiday Flats [2021] NSWCATEN 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fontainas v Gennacker Pty Ltd t/as Homestead Holiday Flats [2021] NSWCATEN 1 Hearing dates: 4 December 2020 Decision date: 08 January 2021 Jurisdiction: Enforcement Before: The Hon F Marks Principal Member Decision: I make the following orders (1) I refer to the Supreme Court of New South Wales for its consideration the matter of whether the respondent Gennacker Pty Limited trading as Homestead Holiday Parks has committed contempt of the NSW Civil and Administrative Tribunal by reason of its failure to comply with Order (1) made on 28 June, 2019 in matter RC 18/31014 being in the following terms: By 14 days from the date of this decision, Gennacker Pty Limited trading as Homestead Holiday Parks is to provide to Jacques Fontainas a signed standard form site agreement in respect of site 33 at 200/25 Chinderah Bay Drive, Chinderah NSW 2487 ("the park"). The site agreement is to comply with Schedule 1 of the Residential (Land Lease) Communities Regulation 2015 (NSW). The fees, charges, and site fee increases stipulated in the site agreement are to be consistent with equivalent sites at the park which are the subject of current site agreements. (2) Costs are reserved with liberty to apply which must be exercised within 42 days of this date. Catchwords: CONTEMPT – application to refer proceedings to Supreme Court under section 73 (5) of the Civil and Administrative Tribunal Act – whether failure of operator to provide long-term site agreement under Residential (Land Lease) Communities Act 2013 pursuant to Order of Tribunal is capable of constituting contempt – principles relevant to referral –-proceedings referred. Legislation Cited: Civil and Administrative Tribunal Act 2013 s73 Residential (Land Lease) Communities Act 2013 (NSW) s 12,109 Residential (Land Lease) Communities Regulation 2015 Cases Cited: Fontainas v Gennacker Pty Ltd trading as Homestead Holiday Park (unreported Civil and Administrative Tribunal NSW Consumer and Commercial Division 28 June 2019 RC 18/31014) Gennacker Pty Ltd trading as Homestead Holiday Park v Fontainas [2019] NSWSC 1376. Bott v NSW Land and Housing Corporation [2017] NSWCATCD 88 Bott v NSW Land and Housing Corporation (No 2) [2018] NSWCATCD 2 Texts Cited: None Cited Category: Principal judgment Parties: Jacques Fontainas (Applicant) Gennacker Pty Ltd trading as Homestead Holiday Parks (Respondent) Representation: Counsel: P Batley (Applicant)