Hacienda Caravan Park Pty Ltd v Denley [2016] NSWCATAP 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hacienda Caravan Park Pty Ltd v Denley [2016] NSWCATAP 23 Hearing dates: 24 August 2015 Date of orders: 28 January 2016 Decision date: 28 January 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Wakefield, Senior Member Decision: (1) By consent, the Appeal Panel made the following orders: (a) The time to appeal is extended up until 17 November 2014 for each of those appeals in Annexure A marked "Extended"; (b) Leave is granted to the appellant to amend the Notice of Appeal for each of those appeals in Annexure A marked "Amended" in accordance with the document dated 17 April 2015 found at tab 1 of the Bundle of Documents tendered on appeal; (c) Orders 1(a) and (b) take effect on 24 August 2015. (2) In respect of each of those appeals listed in Annexure A marked "Allowed", the appeal is allowed; (3) In each appeal to which order 3 applies, the Appeal Panel makes the following orders: (a) The decision made 5 September 2014 is quashed; (b) The orders made 5 September 2014 are set aside; (c) The application is remitted for rehearing in accordance with these reasons and according to law by a differently constituted Tribunal; (d) the application is to be listed for directions in the Consumer and Commercial Division for the purpose of facilitating the rehearing; and (e) the parties may adduce further evidence. (4) In respect of the appeals marked "Allowed" in Schedule A, each party is to pay their own costs. Catchwords: Residential Parks Act- residential tenancy agreement, jurisdiction to determine rent dispute Reasons- Adequacy of reasons Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Holiday Parks (Long-term Casual Occupation) Act, 2002 Residential Parks Act, 1998 Cases Cited: Australian Broadcasting Tribunal v Bond 170 CLR 321 Bruce v Cole (1989) 45 NSWLR 163 Collins v Urban [2014] NSWCATAP 17 Gennacker Pty Ltd v Bennett [2015] NSWSC 726 Gennacker Pty Ltd v Bennett [2016] NSWCATAP 10 Hacienda Caravan Park Pty Ltd v Howarde [2016] NSWCATAP 1 Hannah and others v Hacienda Holiday Park (Residential Parks) [2012] NSWCTTT 285 Henderson v Henderson (1843) 3 Hare, 67 Kirk v Industrial Relations Commission of NSW (2010) 239 CLR 531 Marks v National and General Insurance (1993) 114 FLR 416 Pettitt v Dunkley [1971] NSWLR 376 Port of Melbourne Authority v Anshun Pty Ltd (1980) 147 CLR 589 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 Torrisi v Oliver [1951] VLR 380 Texts Cited: Nil Category: Principal judgment Parties: Hacienda Pty Ltd (appellant) Denley and Ors (respondents) - see Annexure A Representation: Mr M Gunning, Counsel (appellant) M McMahon, Counsel (respondents)