Hacienda Caravan Park Pty Ltd v Howarde [2016] NSWCATAP 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hacienda Caravan Park Pty Ltd v Howarde [2016] NSWCATAP 1 Hearing dates: 16 April 2015 Date of orders: 04 January 2016 Decision date: 04 January 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Senior Member Decision: 1. Appeal allowed.

2. The orders made on 15 January 2015 are set aside and in lieu thereof application RP 14/50276 is dismissed, with no order as to costs.

3. Any application for costs in relation to the appeal is to be filed and served within 14 days from the date of these orders. Any application is to include written submissions and any other material to be relied upon in support of the application.

4. The party against whom any application for costs is made must file and serve any submissions and material in reply within 21 days from the date of these orders.

5. The applicant for costs is to file any submissions in reply within 28 days from the date of these orders.

6. The submissions by the parties are also to address the question of whether or not any application for costs should be dealt with on the papers and whether the Tribunal should make an order to allow this to occur. Catchwords: APPEAL – residential parks – jurisdiction - application of Holiday Parks (Long-Term Occupation Act) Act 2002 – application of Residential Parks Act 1998 - whether or not a binding agreement concluded Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules, rule 25 Holiday Parks (Long-Term Occupation Act) Act 2002 Residential Parks Act 1998 Cases Cited: Cooper v Hacienda Caravan Park Pty Ltd [2006] NSWCTTT 694 Integrated Computer Services Pty Ltd v Digital Equipment Corporation (Australia) Pty Ltd (1988) 5 BPR 97,326 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: Nil Category: Principal judgment Parties: Hacienda Caravan Park Pty Ltd (Appellant) Mark Howarde and Laurina Spencer (Respondents) Representation: Counsel: M Gunning (appellant)