Metford Road Pty Ltd trading as Morpeth Gardens Village v Hockley-Brown [2024] NSWCATCD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Metford Road Pty Ltd trading as Morpeth Gardens Village v Hockley-Brown [2024] NSWCATCD 20 Hearing dates: 4-5 December 2023 Date of orders: 15 January 2024 Decision date: 15 January 2024 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. There was a site agreement between the applicant and the respondents took effect from 13 September 2021. 2. That site agreement is terminated immediately, and the respondents are to give possession of the site covered by that agreement to the applicant on 16 January 2024. 3. The order for possession is suspended until 15 April 2024. 4. Each party is to bear their own costs of these proceedings, being the remitted hearing following an appeal which was allowed on 7 June 2023. Catchwords: LEASES AND TENANCIES - Residential community - - whether site agreement breached - termination order - possession order - s 122 of Residential (Land Lease) Communities Act 2013 (NSW) considered and applied COSTS – Whether special circumstances – application of established principles Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Cases Cited: Ashby v Slipper [2014] FCAFC 15 Bauer v Farm Cove Investments Pty Ltd [2022] NSWCATAP 14 Blair v Curran [1939] HCA 23 BPU v NSW Trustee & Guardian [2016] NSWCATAP 87 Briginshaw v Briginshaw [1938] HCA 34 eMove Pty Ltd v Dickinson [2015] NSWCATAP 94 Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Fox v Percy [2003] HCA 22 Hockley-Brown v Metford Road Realty Pty Ltd t/as Morpeth Gardens Village [2023] NSWCATAP 151 Megerditchian v Kumond Homes Pty Ltd [2014] NSWCATAP 120 Oshlack v Richmond River Council [1998] HCA 11 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45 Shojai v INA Operations Pty Ltd ATF INA Operations Trust #6 [2023] NSWCATAP 309 Spence v Queensland [2019] HCA 15 Texts Cited: Nil Category: Principal judgment Parties: Applicant - Metford Road Pty Ltd trading as Morpeth Gardens Village Respondents - Glenda Hockley-Brown and Denis Shane Brown Representation: Counsel: Applicant - T Bland Respondents - L Johnston