Hull v Barnes Property Investments Pty Ltd; Barnes Property Investments Pty Ltd v Hull [2015] NSWCATCD 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hull v Barnes Property Investments Pty Ltd; Barnes Property Investments Pty Ltd v Hull [2015] NSWCATCD 136 Hearing dates: 27 August 2015 Decision date: 22 October 2015 Jurisdiction: Consumer and Commercial Division Before: K Ross, General Member Decision: The Park Owner's application for termination is dismissed.

The resident's claim for compensation for breach of s 20 of the Act is dismissed. Catchwords: Breach, injury, termination, penalty Legislation Cited: Residential Parks Act 1998 Category: Principal judgment Parties: Barnes Property Investments Pty Ltd t/as Bayside Gardens Lifestyle Village (respondent/cross applicant) Douglas Arthur Hull (applicant/cross respondent) Representation: L. Pawlak, Solicitor, for the Park Owner M Frangos, Solicitor for the Resident File Number(s): RP 15/33823 and RP 15/35081 Publication restriction: Unrestricted

reasons for decision

Applications 1. Douglas Arthur Hull ("the Resident") seeks an order for compensation for an alleged breach of his right to quiet enjoyment of his residential premises, arising from an incident which occurred on 27 April 2015. The Resident seeks the imposition of a penalty of 5 penalty units. The Park Owner opposes the orders sought by the Resident. 2. Barnes Property Investments Pty Ltd ("the Park Owner") seeks orders, arising from the same incident, under s 113 (1) for termination of the resident's site agreement, and an order for possession of the site, based on an alleged breach of s 21 (c) and (d) of the Act, and a breach of s 31. In the first alternative, the Park Owner seeks termination and possession pursuant to s 117 (b). In the second alternative, the Park Owner seeks an order that the Resident comply with the terms of his residential site agreement, and s 117 of the Act, and allowing renewal of these proceedings within 24 months if the order is not complied with. The Resident opposes the orders sought by the Park Owner.