Simon Gwyther and Tyler Gwyther as Executors of the Estate of Jeffery David Gwyther v NSW Crown Holiday Parks Trust t/as North Coast Holiday Park [2014] NSWCATCD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Simon Gwyther and Tyler Gwyther as Executors of the Estate of Jeffery David Gwyther v NSW Crown Holiday Parks Trust t/as North Coast Holiday Park [2014] NSWCATCD 109 Hearing dates: 19 May 2014 Decision date: 25 June 2014 Before: K Holwell, General Member Decision: The Tribunal finds: 1.There are no restrictions on the sale of the resident's dwelling; 2.The applicants may sell the resident's dwelling to any person subject to that person being accepted as a resident at the park; 3.The respondent cannot impose a condition on the sale that the purchaser cannot on sell the dwelling to any person; 4.The respondent cannot impose a condition on the sale that the purchaser can only sell the dwelling to the respondent; 5.If the respondent imposes conditions (c) or (d) in respect of any potential purchaser of the resident's dwelling it would be interfering with the sale; 6.No compensation is payable re the failure to sell the dwelling in October or November 2013. Legislation Cited: Residential Parks Act 1988 (NSW) Category: Principal judgment Parties: Simon Gwyther and Tyler Gwyther (applicants) NSW Crown Holiday Parks Trust (respondent) File Number(s): RP 14/01015

reasons for decision

Application 1By an application filed 8 January 2014 the applicants sought an order for the resolution of a dispute concerning the sale of a dwelling at the respondent's residential park. Subsequently the applicants sought an order restraining the respondent from interfering with the sale of the dwelling and an order for compensation.