NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Colin Davidson v Seachange Living NSW Pty Ltd [2023] NSWSC 292 Hearing dates: 7 February 2023 Date of orders: 29 March 2023 Decision date: 29 March 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave to appeal is refused. (2) The Amended Summons filed on 18 July 2022 is dismissed. (3) The plaintiffs are to pay the defendant's costs. Catchwords: ADMINSTRATIVE LAW – Grounds of Review – Jurisdiction – Failure to provide proper reasons – Onus of Proof – Appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Residential (Land Lease) Communities Regulation 2015 (NSW) Cases Cited: Anderson & Fines v Bacon Pty Ltd [2017] NSWCATCCD (unreported, 27 January 2017) Davis v Seachange Living NSW Pty Ltd [2021] NSWCATCD (unreported, 30 November 2021) Davis v Seachange Living NSW Pty Ltd [2022] NSWCATAP 142 Glennaker Pty Ltd t/as Homestead Park v Bennett [2020] NSWCATAP 12 Maher v Pine Resort Management Pty Ltd t/a Gateway Lifestyle The Pines; Marsh v Pine Resort Management Pty Ltd t/a Gateway Lifestyle The Pines [2018] NSWCATCD 35 Category: Principal judgment Parties: Colin Davidson (Plaintiff)
Seachange Living Pty Ltd (Defendant) Representation: Counsel:
P. Batley (Plaintiff)
N. Simone (Defendant)
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