Dubow v Ingenia Communities Re Limited [2015] NSWCATCD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dubow v Ingenia Communities Re Limited [2015] NSWCATCD 11 Hearing dates: 28 November 2014 Decision date: 16 January 2015 Jurisdiction: Consumer and Commercial Division Before: K Ross, General Member Decision: The application is dismissed. Catchwords: Permanent resident, casual resident Legislation Cited: Residential Parks Act 1998 Holiday Parks (Long Term Casual Occupation) Act 2002 Cases Cited: Hacienda Caravan Park Pty Ltd v Raethke (General) [2012] NSWCTTT 154; Haywood v Hastings Riverside Co Pty Ltd (General) [2008] NSWCTTT 1002, Morgan v Wyong Shire Council (Residential Parks) [2007] NSWCTTT 151 Category: Principal judgment Parties: Yolande Victoria Frances Dubow (applicant) Ingenia Communities re Limited (respondent) Representation: The applicant appeared in person The respondent was represented by its officers Gillian Moore, Damien McAffrey and Harish Bastian File Number(s): RP 14/37040 Publication restriction: Unrestricted

reasons for decision

Application 1. In her application filed on 22 July 2014 the applicant seeks the following orders: 1. An order pursuant to the Contracts Review Act 1980. This was not pressed at the hearing, 2. An order pursuant to sec 26 of the Holiday Parks (Long Term Casual Occupation) Act 2002 that the applicant holds a permanent lease of site 70, and is entitled to a termination notice as provided under the Residential Parks Act 2010, 3. An extension of time for bringing the application, if required, 4. A declaration pursuant to s 29 of the Civil and Administrative Act 2013 that the respondent is bound by the allegedly false and misleading information provided by the previous owner regarding consent to the extension and renovation of the caravan at the site, 5. Setting aside of the termination notice, 6. An order pursuant to the Residential Parks Act 2010 (sic) s 114. This was not pressed at the hearing, 7. Pursuant to s 128 of the Residential Parks Act 1998 compensation be paid to the applicant prior to the respondent being entitled to possession of the site. 1. The respondent opposed the orders sought. The respondent says that the applicant is a resident pursuant to the Holiday Parks (Long Term Casual Occupation) Act 2002. The respondent denies giving consent to the applicant for permanent residence and denies that the applicant is entitled to the benefit of the Residential Parks Act 1998.