NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Gennacker Pty Ltd v Bennett [2015] NSWSC 726 Hearing dates: 6 November 2013 Date of orders: 11 June 2015 Decision date: 11 June 2015 Jurisdiction: Common Law Before: Hidden J Decision: Determination of CTTT set aside, matter remitted to NCAT to be determined according to law. Catchwords: JUDICIAL REVIEW – determination of CTTT – application to recover possession of caravan site – whether occupancy governed by Holiday Parks (Long-Term Occupation) Act or Residential Parks Act. Legislation Cited: Consumer Trader and Tenancy Tribunal Act 2001 Holiday Parks (Long-Term Casual Occupation) Act 2002 Residential Parks Act 1998 Residential Tenancies Act 2010 Cases Cited: Codelfa Constructions Pty Ltd v State Rail Authority (NSW) (1981-82) 149 CLR 337, Facchini v Bryson [1952] 1 TLR 1386 Gennacker Pty Ltd v Bennett (General) [2012] NSWCTTT 501 Hayward v Hastings Riverside Co Pty Ltd (General) [2008] NSWCTTT 1002 Category: Principal judgment Parties: Gennacker Pty Limited (plaintiff) Donald Bennett (1st defendant) Laureen Bennett (2nd defendant) Consumer Trader & Tenancy Tribunal (3rd defendant) Representation: Counsel: NM Eastman with A Isaacs (plaintiff) M Mcahon with P Smyth (1st & 2nd defendants)
Solicitors: Ken Lee Legal (plaintiff) Tenants' Union of NSW Co-op Ltd (1st & 2nd defendants) Crown Solicitor (3rd defendant) File Number(s): 2013/98967
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