PALM LAKE RESORT P/L v KING and METCALFE [2021] NSWCATAP 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: PALM LAKE RESORT P/L v KING and METCALFE [2021] NSWCATAP 195 Hearing dates: 16 February 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member G K Burton SC, Senior Member Decision: (1) Appeals dismissed. (2) Submissions and evidence in support of any costs application is to be lodged with the Appeal Registry and given to the other party(ies) within 14 days of the publication of these orders. (3) Any submissions and evidence in response to any such costs application are to be lodged with the Appeal Registry and given to the other party(ies) within 14 days thereafter. (4) Any submissions in reply are to be lodged with the Appeal Registry and given to the other party(ies) within 7 days thereafter. (5) Submissions on any application for costs by each party are not to exceed five pages in length. (6) Note that the parties are content to have any contest on costs determined on the papers. Catchwords: RESIDENTIAL AND HOLIDAY PARKS – permitted increase in site fees Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 81 Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Interpretation Act 1987 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Residential (Land Lease) Communities Regulation 2015 (NSW) Residential Parks Act 1998 (NSW) Cases Cited: AEU v Department of Education and Children's Services (2012) 248 CLR 1, [2012] HCA 3 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Bonita v Shen [2016] NSWCATAP 159 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578, [2000] FCA 1343 Craig v South Australia (1995) 184 CLR 163, [1995] HCA 58 FCT v Consolidated Media Holdings Ltd (2012) 250 CLR 503, [2012] HCA 55 Johnson t/as One Tree Constructions v Lukeman [2017] NSWCATAP 45 Knox v Bollen [2018] NSWCATAP 106 Ku-ring-gai Council v Chan [2017] NSWCA 226 Latoudis v Casey (1990) 170 CLR 534 Mills v Meeking (1990) 169 CLR 214, [1990] HCA 6 NSW Land and Housing Corp v Orr (2019) 100 NSWLR 578, [2019] NSWCA 231 Oppidan Homes PL v Yang [2017] NSWCATAP 67 Oshlack v Richmond River Council (1998) 193 CLR 72 Pine Needles Village PL v Residential Tribunal of NSW [2000] NSWSC 144 Project Blue Sky v ABA (1998) 194 CLR 355 Resident Application (Busine): Excessive Rent Increase [1999] NSWRT 113 Soulemezis v Dudley (Holdings) PL (1987) 10 NSWLR 247 (CA) SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362 Taylor v Owners SP 11564 [2014] HCA 9 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Macquarie Dictionary Oxford English Dictionary Category: Principal judgment Parties: 2019/00409659 (AP 19/57216): Palm Lake Resort PL (Appellant) Richard Lounder Thomas Metcalfe (First Respondent) Victor Leopold Rjin (Second Respondent) Robert James Woolnough (Third Respondent) Barbara Ann Woolnough (Fourth Respondent) Peter Connell (Fifth Respondent) Valerie Connell (Sixth Respondent) James Edward Sullivan (Seventh Respondent)