Moloney v Taylor [2016] NSWCATCD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moloney v Taylor [2016] NSWCATCD 3 Hearing dates: 26 November 2015 Decision date: 05 January 2016 Jurisdiction: Consumer and Commercial Division Before: K. Ross, General Member Decision: 1 Pursuant to s 32 of the Holiday Parks (Long Term Casual Occupation) Act 2002 the Tribunal declares that site 63 was abandoned by the respondent on 01 May 2015. 2 The Tribunal finds that the goods, including the moveable dwelling on site 63 are abandoned goods. 3 The applicant is authorised to remove, destroy, sell or otherwise dispose of the abandoned goods in accordance with Regulation 8 of the Holiday Parks (Long Term Casual Occupation) Regulation 2003. 4 Deborah Anne Taylor is to pay Charles James Moloney the sum of $19,412.80 immediately. Reasons: cost of removal of abandoned goods from site 5 Deborah Anne Taylor is to pay Charles James Moloney the sum of $2,335.30 immediately. Reasons: (a) Site fees from 16/03/2015 to 29/05/2015 $641.10 (b) Site fees from 25/08/2015 to 23/12/2015 $1034.30 (c) Short payment of site fees $660.00 6 Deborah Anne Taylor is to pay Charles James Moloney the sum of $8.54 per day from 24 December 2015 until the abandoned goods are removed from site, or until 15 January 2016, whichever first occurs. 7 The applicant may at any time until 29 February 2016 apply to relist this application to quantify the occupation fees payable under order 6 Catchwords: Abandoned goods Legislation Cited: Holiday Parks (Long Term Casual Occupation) Act 2002 Category: Principal judgment Parties: Charles James Moloney (applicant) Deborah Anne Taylor (respondent) Representation: Mr Rodney Kent, Solicitor, for applicant Dr Gary Martin, advocate, for respondent File Number(s): GEN 15/49169 Publication restriction: Unrestricted