Dodge v Hacienda Caravan Park Pty Ltd [2021] NSWCATEN 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dodge v Hacienda Caravan Park Pty Ltd [2021] NSWCATEN 2 Hearing dates: 23 December 2020 Date of orders: 8 January 2021 Decision date: 08 January 2021 Jurisdiction: Enforcement Before: The Hon F Marks Principal Member Decision: (1) I refer to the Supreme Court of New South Wales for its consideration the matter of whether the respondent Hacienda Caravan Park Pty Limited trading as Tweed River Hacienda Holiday Park has committed contempt of the NSW Civil and Administrative Tribunal by reason of its failure to comply with Orders made on 17 January 2018 in matter RC 17/33896 being in the following terms (a) The respondent is to prepare and enter into with the applicant a written site agreement in the standard form as set out in Schedule 1 of the Residential (Land Lease) Communities Act 2013 within 7 days of the date of this order (b) Site fees payable under the agreement are to be in the same amount as are currently paid to the operator (c) The method of increasing site fees to be the same as that used most recently to increase the site fees (d) The commencement date of the agreement is specified to be the date of these orders. (2) I note that the reference in Order 1 above should be a reference to the Residential (Land Lease) Communities Regulation 2015. (3) 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 ss 38,73 Residential (Land Lease) Communities Act 2013 (NSW) ss 12,26,109,156,157 Residential (Land Lease) Communities Regulation 2015 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 2005 Cases Cited: Dodge v Hacienda Caravan Park Pty Ltd (unreported Civil and Administrative Tribunal NSW Consumer and Commercial Division RC 17/33896) Hacienda Caravan Park Pty Ltd v Dodge [2018] NSWCATAP 108 Hacienda Caravan Park Pty Ltd v Dodge [2019] NSWSC 1296 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: David Dodge (Applicant) Hacienda Caravan Park Pty Ltd (Respondent) Representation: Counsel: P Batley (Applicant)