Hometown Australia Lennox Pty Limited v Debra Bullivant [2022] NSWCATAP 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hometown Australia Lennox Pty Limited v Debra Bullivant [2022] NSWCATAP 161 Hearing dates: 3 May 2022 Date of orders: 17 May 2022 Decision date: 17 May 2022 Jurisdiction: Appeal Panel Before: S Thode, Senior Member A Lo Surdo SC, Senior Member Decision: (1) The appeal is allowed. (2) Orders 2 and 3 made on 23 December 2021 are set aside. (3) Application RC 21/33414 is otherwise dismissed. Catchwords: APPEALS - STATUTORY INTERPRETATION – the meaning of home owner under Part 10 of the Residential (Land Lease) Communities Act, 2013 – whether an operator which is an owner of a home in a community is a home owner Legislation Cited: Residential (Land Lease) Communities Act, 2013 Cases Cited: Gardez Nominees Pty Ltd v NSW Self-Insurance Corporation [2016] NSWSC 532 Glencore Coal Assets Australia Pty Ltd v Australian Competition Tribunal (2020) 280 FCR 194 Project Blue Sky Inc v Australian Broadcasting Authority (1988) 194 CLR 355 Ross v The Queen (1979) 141 CLR 355 Texts Cited: Second Reading Speech of the Residential (Land Lease) Communities Bill 2013, 12 November 2013 Category: Principal judgment Parties: Hometown Australia Lennox Pty Ltd (Appellant) Debra Bullivant (Respondent Representation: A Hochroth for the Appellant P Batley for the Respondent File Number(s): 2022/8355 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2021] NSWCATD Date of Decision: 23 December 2021 Before: W Priestley, General Member File Number(s): RC 21/33414