NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tricare (Hastings) Pty Ltd v Sue Allen and Ors [2014] NSWCATCD 162 Decision date: 02 September 2014 Before: G. Bassett, General Member Decision: 1. The site agreement of each of the residents, except Phillip Tucker on Site 39, is terminated immediately. 2. Each of the residents, except Phillip Tucker on Site 39, is to give vacant possession of their site on, or before 20 September 2016. 3. The site agreement of Phillip Tucker of Site 39 is terminated immediately on the day the park owner gives written notice of an occupation certificate for Stage 2 of the development and vacant possession is to be given immediately. 4. Each of the residents is to be paid compensation prior to delivering up vacant possession as follows: (a) Site 39 - $53,000 (b) Site 51 - $85,000 (c) Site 54 - $27,000 (d) Site 58 - $56,000 (e) Site 59 - $62,000 (f) Site 60 - $93,000. Catchwords: site agreement, statutory interpretation, termination, compensation, purpose, residential Legislation Cited: s 56(1) Civil Procedure Act 2005
s 3(c) Consumer, Trader and Tenancy Tribunal Act 2001
ss 102, 113, 128, 130 Residential Parks Act 1998 ("RPA")
Manufactured Homes (Residential Parks) Act 2003 Qld
Residential (Land Lease) Communities Act 2013
Residential Parks (Statutory Review) Bill 2005 Cases Cited: Haraba P/L v Castles [2007] QCA 206
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