Excess Pty Ltd & ors v LLCP Pty Ltd & ors [2008] NSWSC 419

New South Wales Supreme Court

CITATION : Excess Pty Ltd & ors v LLCP Pty Ltd & ors [2008] NSWSC 419

HEARING DATE(S) : 29 February 2008 JURISDICTION : Equity Division Expedition List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 29 February 2008

DECISION : Stay declined. Costs to follow the event.

CATCHWORDS : REAL PROPERTY – residential park – encroachments on neighbouring property – order for removal not opposed by park owner or tenants – stay – whether stay should be granted pending outcome brought by tenants against owner in Consumer Trader and Tenancy Tribunal – where defendants are tenants of residential park – whether proposed orders might affect rights under residential parks legislation – whether adjacent owner is "person having superior title" to park owner – whether adjacent owner "becomes entitled to possession" as a result of proposed order – discretionary considerations.

LEGISLATION CITED : (NSW) Residential Parks Act 1998, ss 16, 95(c), 122, 126, 134

CATEGORY : Consequential orders

Excess Pty Ltd (first plaintiff) Venturin Nominees Pty Ltd (second plaintiff) David Eric Walker (third plaintiff) Danielle Marie Pokorny (fourth plaintiff) Robert Charles Wilson (fifth plaintiff) Sharon Frances Wilson (sixth plaintiff) PARTIES : Kirkham Investments Australia Pty Ltd (seventh plaintiff) Edwards Investments Australia Ltd (eighth plaintiff) LLCP Pty Ltd t/as Seabreeze Caravan Park (first defendant) David John Holmes (second defendant) Arthur Barry Judd (third defendant) Robyn Anne Judd (fourth defendant) Fay Lees (fifth defendant) Jacqui Judd (sixth defendant)