ZW2 Pty Ltd v Stadthaus and 100 others [2014] NSWCATAP 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZW2 Pty Ltd v Stadthaus and 100 others [2014] NSWCATAP 107 Hearing dates: 5 November 2014 Decision date: 16 December 2014 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President J Smith, Senior Member Decision: The appeal on a question of law is allowed. The orders made by the Tribunal on 20 March 2014 are set aside and the following order is made in respect of each application: The application for an order that the rent increase is excessive is dismissed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL - Appeal from application for excessive rent increase - jurisdiction to impose conditions on rent increase - error of law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Parks Act 1998 (NSW) Cases Cited: Cain v NSW Land and Housing Corporation [2014] NSWCA28 Craig v South Australia (1995) 184CLR 163 Category: Principal judgment Parties: ZW2 Pty Ltd Stadthaus and 100 others Representation: B Lees (Appellant) P Reberger (Respondents) File Number(s): AP 14/ 46387 - AP 14/ 46655 Decision under appeal Jurisdiction: 150003 Citation: Colin and Gail Campbell and Ors v ZW2 Pty Ltd t/as Lake Munmorah Residential Resort Date of Decision: 2014-03-20 00:00:00 Before: J McMillan, General Member File Number(s): RP 13/ 59443 and 100 others