Morris v Terrigal Waters Village Pty Ltd [2014] NSWCATCD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Morris v Terrigal Waters Village Pty Ltd [2014] NSWCATCD 164 Hearing dates: 17 July 2014 Decision date: 26 August 2014 Before: K Ross, General Member Decision: 1.The application is dismissed Catchwords: Residential Parks - principal place of residence Legislation Cited: Residential Parks Act 1998 Cases Cited: Vivian v Macquarie Shores Home Village Pty Limited & anor [2012] NSWDC (15 February 2012); Black v Chief Commissioner of State Revenue [2011] NSWADT 66 (1 April 2011) Category: Principal judgment Parties: Francis Morris (applicant) Terrigal Waters Village Pty Ltd (respondent) File Number(s): RP 14/25279

reasons for decision

The Proceedings 1The proceedings were commenced by application filed with the Tribunal on 15 May 2014. The application was listed for conciliation and hearing on 30 May 2014. It could not be resolved through conciliation. It was adjourned for exchange of evidence and hearing and listed on 17 July 2014. At the conclusion of the hearing the Tribunal reserved its decision. 2The applicant seeks an order that he be recognised as a resident, and also seeks reimbursement of site fees paid.

Jurisdiction 3The application is made under the Residential Parks Act 1998 ("the Act"). The Tribunal's jurisdiction under the Act is dependent upon a finding that the applicant is a resident. In previous proceedings RP 13/61511 in respect of the same site between the respondent and the applicant and his sister as executors of the estate of their late mother, the Tribunal held that it did not have jurisdiction under the Act to determine the application, being bound by the decision of the District Court in Vivian v Macquarie Shores Home Village Pty Limited [2012] NSWDC ("Vivian's case").