Barrack Point Holdings Pty Ltd v Jenkins (No 2); Jenkins v Barrack Point Holdings Pty Ltd [2022] NSWCATAP 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Barrack Point Holdings Pty Ltd v Jenkins (No 2); Jenkins v Barrack Point Holdings Pty Ltd [2022] NSWCATAP 10 Hearing dates: 28 September 2021; 17 November 2021 Date of orders: 13 January 2022 Decision date: 13 January 2022 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President J Currie, Senior Member Decision: In the appeal 2021/00174015: 1. Leave to appeal is granted, the appeal is allowed the order made 2 June 2021 is set aside. 2. In lieu thereof, application RC 20/30192 is dismissed. In appeal 2021/00030452: 1. The appeal is dismissed Catchwords: LEASES AND TENANCIES – Residential (Land Lease) Communities Act – sale of residence – meaning of home owner – death of resident – rights of personal representative – interference with sale by operator – damages – causation Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Probate and Administration Act 1898 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Succession Act 2006 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Barrack Point Holdings Pty Ltd v Jenkins [2021] NSWCATAP 312 Byers v Overton Investments Pty Limited [2001] FCA 760 Collins v Urban [2014] NSWCATAP 17 Deigan v Fussell [2019] NSWCA 299 Public Trustee v CBA and Ors [2018] SASC 25 ZW2 Pty Ltd trading as Lake Munmorah Residential Resort [2019] NSWCATAP 260 Category: Principal judgment Parties: Appeal 2021/00174015: Barrack Point Holdings Pty Ltd (Appellant) Lee Jenkins (Respondent)