Watkins v Tasman Tourism Pty Limited [2024] NSWCATAP 263

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Watkins v Tasman Tourism Pty Limited [2024] NSWCATAP 263 Hearing dates: 15 August 2024 (last submission 10 December 2024) Date of orders: 20 December 2024 Decision date: 20 December 2024 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member G Ellis SC, Senior Member Decision: (1) The appeal is allowed. (2) The orders made by the Tribunal on 29 April 2024 are set aside. (3) The respondents' proceedings 2023/00382500 are dismissed. Catchwords: LAND LAW – whether Holiday Parks (Long-term Casual Occupation) Act applies to occupancy of cabin structure on holiday park in New South Wales – whether cabin structure in whole or in part is a "moveable dwelling" as defined – whether the Tribunal has jurisdiction to determine the dispute. APPEALS – failure to ask the right question – error of law – determination of merits on appeal. Legislation Cited: Civil and Administrative Tribunal Act (NSW) (2013) Holiday Parks (Long-term Casual Occupation) Act 2022 (NSW) Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 2005 (NSW) Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 Cases Cited: Alta Vale Residential Pty Ltd v The Owners-Strata Plan No. 956393 [2024] NSWCATAP 212 Hunter Resources Ltd v Melville [1988] HCA 5; 164 CLR 234 Jambrecina v Blacktown City Council [2009] NSWCA 228 Ogilvie v Rovest Holdings Pty Ltd [2023] NSWLEC 17 Taylor v Moloney [2016] NSWCATAP 89 Wiskich v Composite Materials Australia Pty Ltd [2016] NSWCATAP 221 Texts Cited: Land Law, 5th edition, Professor Butt Statutory Interpretation in Australia, 9th edition, D Pearce Category: Principal judgment Parties: John Watkins (Appellant) Tasman Tourism Pty Ltd (First Respondent) Dunkview Pty Ltd (Second Respondent) Representation: Solicitors: Sparke Helmore (Appellant) Moray & Agnew (Respondents) File Number(s): 2024/00187862 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 29 April 2024 Before: D Bluth, Senior Member File Number(s): 2023/00382500