ALLKINS & 1 Ors v CONSUMER TRADER AND TENANCY TRIBUNAL & 1 Ors [2006] NSWSC 1093

New South Wales Supreme Court

CITATION : ALLKINS & 1 Ors v CONSUMER TRADER AND TENANCY TRIBUNAL & 1 Ors [2006] NSWSC 1093

HEARING DATE(S) : 13/10/06

JUDGMENT DATE : 19 October 2006

JUDGMENT OF : Associate Justice Malpass

DECISION : The application for extension of time is refused. The summons is dismissed. The plaintiffs are to pay the costs of the summons.

CATCHWORDS : Appeal from decision of CTTT - alleged failure to give reasons and breach of statutory provisions - alleged denial of procedural fairness (an order that a dog be removed from a residential park) - alleged invalidity of pet rules - summons brought out of time

LEGISLATION CITED : Consumer Trader and Tenancy Tribunal Act 2001 (NSW) Residential Parks Act 1998 (NSW)

Juliet Elizabeth ALLKINS PARTIES : Lionel Neville CASSELL CONSUMER TRADER AND TENANCY TRIBUNAL VALHALLA VILLAGE PTY LIMITED

FILE NUMBER(S) : SC 30073/06

COUNSEL : Ms J Needham SC (Pls) Mr G W McGrath (2nd Def)

SOLICITORS : Legal Aid Commission of NSW (Pls) Tesoriero Henderson Cotter (2nd Def)

LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW

LOWER COURT FILE NUMBER(S) : RP 06/04630

LOWER COURT DATE OF DECISION : 06/04/06

- 8 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE MALPASS

19 October 2006

30073/06 Juliet ALLKINS & 1 Ors v CONSUMER TRADER AND TENANCY TRIBUNAL & 1 Ors

JUDGMENT 1 HIS HONOUR: The second defendant owns and operates a residential park at Chain Valley Bay. It is known as Valhalla Village. 2 The plaintiffs located a moveable dwelling on a site in the village which is rented by them. It is occupied pursuant to a residential site agreement (the agreement). 3 The agreement contains, inter alia, the following:- Resident's Right To Quiet Enjoyment