Park v Tasman Tourism Pty Ltd [2022] NSWCATAP 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Park v Tasman Tourism Pty Ltd [2022] NSWCATAP 65 Hearing dates: 31 January 2022 Date of orders: 14 March 2022 Decision date: 14 March 2022 Jurisdiction: Appeal Panel Before: C Fougere, Principal Member G Curtin SC, Senior Member Decision: Appeal dismissed. Catchwords: LEASES AND TENANCIES — legislation protecting tenants — Residential Parks Act 2002 (repealed) - Residential (Land Lease) Communities Act 2013 – alleged binding oral agreement for permanent residency – factual finding that no binding oral agreement – no error in that factual finding - no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 4 cl 12(1)(b), (c) Holiday Parks (Long-term Casual Occupation) Act 2002 (NSW), s 5(1) Residential (Land Lease) Communities Act 2013 (NSW) Residential Parks Act 2002 (NSW) (repealed) Residential Parks Regulation 2006 (NSW) (repealed), cl 5 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Bennett v Gennacker Pty Ltd [2016] NSWCA 89 Collins v Urban [2014] NSWCATAP 17 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Category: Principal judgment Parties: Stephen Park (Appellant) Tasman Tourism Pty Ltd (Respondent) Representation: J Saxelby (Tenant advocate on behalf of the Appellant) S Mamouney (Regional Manager of the Respondent) File Number(s): 2021/00319376 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 26 October 2021 Before: A Nightingale, General Member File Number(s): RC 21/35558