McMillan v Coolah Tourist Park Pty Ltd [2021] NSWCATAP 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McMillan v Coolah Tourist Park Pty Ltd [2021] NSWCATAP 73 Hearing dates: 3 November 2020 Date of orders: 24 March 2021 Decision date: 24 March 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Dr J Lucy, Senior Member Decision: (1) Time for lodging the appeal is extended to 20 August 2020. (2) A hearing is dispensed with in relation to the matters raised with the parties after the conclusion of the hearing. (3) The orders made by the Tribunal are set aside. (4) In substitution for the Tribunal's decision, the application is dismissed. (5) The respondent's costs application is dismissed. Catchwords: APPEALS – Where appellants applied to have declared void terms of proposed residential site agreement – Where Tribunal directed caravan park owner to enter into agreement with residents without certain terms - Whether Tribunal has jurisdiction to make orders in respect of a draft residential site agreement – Whether appellants were "home owners" who were entitled to apply to Tribunal – Whether Tribunal had jurisdiction to hear application - Where appellants applied for an order restraining the respondent from engaging in certain conduct in alleged breach of the rules of conduct for operators – Whether Tribunal erred in refusing to make the order sought Legislation Cited: Residential (Land Lease) Communities Act 2013 (NSW) Residential (Land Lease) Communities Regulation 2015 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Parks Act 1998 (NSW) Residential Parks Regulation 2006 (NSW) Retirement Villages Act 1999 (NSW) Cases Cited: Anderson v Armitage [2014] NSWCATAP 72 Cockle v Isaksen (1957) 99 CLR 155 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Di Salvo v Leung [2014] NSWCATAP 44 Eastern Nitrogen Ltd v Commissioner of Taxation [2001] FCA 366; (2001) 108 FCR 27 Emanuel (Rundle Mall) Pty Ltd v Commissioner of Stamps (1986) 41 SASR 122 Federated Amalgamated Government Railway and Tramway Service Association v The New South Wales Railway Traffic Employees' Association (1906) 4 CLR 488; [1906] HCA 94 Gallo v Dawson [1990] HCA 30; 93 ALR 479 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Melluish (Inspector of Taxes) v BMI (No 3) Ltd [1996] AC 454 Mitry v Zoom Relocations Group Pty Ltd [2018] NSWCATAP 88 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231; (2019) 100 NSWLR 578 SAS Trustee Corporation v Rossetti [2018] NSWCA 68 Standard Portland Cement Co Pty Ltd v Good (1982) 2 NSWLR 668 (Privy Council) TEC Desert Pty Ltd v Commissioner of State Revenue [2010] HCA 49; (2010) 241 CLR 576 Vopak Terminals Australia Pty Ltd v Commissioner of State Revenue [2004] VSCA 10; (2004) 12 VR 351 Wilson v Brisbane; Wilson v Chan and Naylor Parramatta Pty Ltd [2019] NSWSC 1598 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480 Texts Cited: Oxford English Dictionary online Macquarie Dictionary online Category: Principal judgment Parties: Geoffrey McMillan (First Appellant) Christine McMillan (Second Appellant) Coolah Tourist Park Pty Ltd (Respondent) Representation: Solicitors: First Appellant (Self-Represented) Second Appellant (First Appellant as agent for Second Appellant) Mid-West Law Practice (Respondent) File Number(s): 2020/00370997 (AP 20/35619) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 5 August 2020 Before: K Rickards, General Member File Number(s): RC 20/00917