LLCP Pty Ltd t/as Ballina Seabreaze Holiday Park v Gillham; LLCP Pty Ltd t/as Ballina Seabreaze Holiday Park v Cox [2015] NSWCATCD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LLCP Pty Ltd t/as Ballina Seabreaze Holiday Park v Gillham; LLCP Pty Ltd t/as Ballina Seabreaze Holiday Park v Cox [2015] NSWCATCD 143 Hearing dates: 14 October 2015 Decision date: 01 December 2015 Jurisdiction: Consumer and Commercial Division Before: W Priestley, General Member Decision: 1. The application is dismissed.

2. The application to be listed before the presiding member to determine the issue of costs. Catchwords: Change of use Legislation Cited: Residential Parks Act 1998 Residential Parks Regulation 2006 Residential (Land Lease) Communities Act 2013 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: LLCP Pty Ltd t/as Ballina Seabreaze Holiday Park (applicant) RP 15/45753 Lynette Cox (respondent) RP 15/45753

LLCP Pty Ltd t/as Ballina Seabreaze Holiday Park (applicant) RP 15/45754 Kim Gillham (respondent) RP 15/45754 Representation: Mr Glenn Wright for the applicant (LLCP Pty Ltd t/as Ballina Seabreaze Holiday Park) The respondents in person File Number(s): RP 15/45753 and RP 15/45754 Publication restriction: Unrestricted

Reasons for Decision

The applications 1. The applications in this matter were lodged with the Tribunal on 2 August 2015. The applicant seeks orders under section 113 of the Residential Parks Act 1998 terminating the residential site agreements it has with the respondents. The applicant gave the respondents termination notices dated 30 July 2014, in response to which the respondents have not delivered up vacant possession.