R & B Rowley t/as Finley Lakeside Caravan & Cabin Park and Rowley Earthmoving Pty Ltd v Boyer [2022] NSWCATAP 238

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: R & B Rowley t/as Finley Lakeside Caravan & Cabin Park and Rowley Earthmoving Pty Ltd v Boyer [2022] NSWCATAP 238 Hearing dates: 14 June 2022 Date of orders: 18 July 2022 Decision date: 18 July 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Ellis SC, Senior Member Decision: 1. Except to the extent that order 3 in RC 21/42659 is varied in accordance with order 2 hereof, the appeal is dismissed. 2. Order 3 in RC 21/42659 made on 23 March 2022 is varied as follows: "If the orders in respect of the operator preparing and entering into a written site agreement are not complied with within 14 days of the date of these orders, the Respondent has liberty to relist the application to determine what enforcement orders may be made against the operator, such liberty to be exercised within three months from the date of these orders." 3. The order staying the operation of the orders under appeal is lifted. Catchwords: APPEAL - declaration that an oral agreement is a site agreement under the Residential (Land Lease Communities) Act - whether agreement contrary to other legislation and whether it is thereby void Legislation Cited: Civil & Administrative Rules 2014 Environmental Planning & Assessment Act 1979 Crown Land Management Act 2016 Holiday Parks (Long-Term Casual Occupation) Act 2002 Local Government Act 1993 Residential (Land Lease) Communities Act 2013 Cases Cited: Kings v Chand [2019] NSWCATAP 180 Gnych v Polish Club Ltd [2015] HCA 23 Texts Cited: None cited Category: Principal judgment Parties: Reginald and Bernice Rowley t/as Finley Lakeside Caravan & Cabin Park and Rowley Earthmoving Pty Ltd (Appellants) Richard Boyer (Respondent) Representation: Solicitors: Taylor & Whittey Pty Ltd (Appellants) Legal Aid NSW (Respondent) File Number(s): 2022/00101111 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: Not applicable Date of Decision: 23 March 2022 Before: P Boyce (Senior Member) File Number(s): RC 21/42659