Davis v Seachange Living NSW Pty Ltd [2022] NSWCATAP 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Davis v Seachange Living NSW Pty Ltd [2022] NSWCATAP 142 Hearing dates: 04 April 2022 Date of orders: 05 May 2022 Decision date: 05 May 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member G Furness SC, Senior Member Decision: (1) Time is extended for the appellants to lodge their notice of appeal to 4 January 2022. (2) Leave to appeal is refused. (3) The appeal is dismissed. Catchwords: APPEALS — Procedural fairness — Adequacy of reasons LEASES AND TENANCIES — Legislation protecting tenants — Residential (Land Lease) Communities Act 2013 (NSW) – Whether the Tribunal has jurisdiction to determine a collective application where the application for mediation had not been signed by the required percentage of home owners - Whether the increase in site fees notified by the operator was excessive Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 41, 80, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Home Building Act 1989 (NSW), s 48J Residential (Land Lease) Communities Act 2013 (NSW), ss 69, 71, 73, 74 Residential (Land Lease) Communities Regulation 2015 (NSW), cl 15 Cases Cited: Jackson v New South Wales Land and Housing Corporation [2014] NSWCATAP 22 NSW Land and Housing Corporation v Orr [2019] 100 NSWLR 578; [2019] NSWCA 231 S & G Homes Pty Ltd t/as Pavilion Homes v Owen [2015] NSWCATAP 190 Category: Principal judgment Parties: Keith Davis (First Appellant) Anttony D'Amico (Second Appellant) Tom Ladd (Third Appellant) Colin Russell (Fourth Appellant) Dale Farmilo (Fifth Appellant) Rob Griffiths (Sixth Appellant) Michael Wheeler (Seventh Appellant) Chris Russell (Eighth Appellant) Susan Beja (Ninth Appellant) Col Davison (Tenth Appellant)