Taylor v Moloney [2016] NSWCATAP 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taylor v Moloney [2016] NSWCATAP 89 Hearing dates: 4 April 2016 Date of orders: 15 April 2016 Decision date: 15 April 2016 Jurisdiction: Appeal Panel Before: Marks ADCJ, Principal Member D Goldstein, Senior Member Decision: 1. Time for filing appeal extended.

2. Decision quashed.

3. Matter remitted for rehearing of claim for unpaid fees. Catchwords: Civil and Administrative Tribunal-necessary to establish statutory basis for exercise of jurisdiction and powers. Holiday Parks (Long Term Casual Occupation) Act-sec 34(2) does not create entitlement to make an order for compensation for cost of removal of goods. Legislation Cited: Holiday Parks (Long Term Casual Occupation) Act 2002, Holiday Parks (Long-Term Casual Occupation) Regulation 2002, Civil and Administrative Tribunal Act 2013. Cases Cited: Household Financial Services Limited v Commercial Tribunal of NSW (1995) 36 NSW LR 220 Texts Cited: Legislative Assembly Holiday Parks (Long-Term Casual Occupation) Bill Hansard Extract 17/09/2002 Second Reading Speech Category: Principal judgment Parties: Deborah Anne Taylor (Appellant) Charles James Moloney (Respondent) Representation: Appellant in person Rodney Kent Solicitor (Respondent)

Solicitors: Appellant self-represented Rodney Kent (respondent) File Number(s): AP 16/07292 Decision under appeal Court or tribunal: Civil and Administrative Tribunal NSW Jurisdiction: Consumer and Commercial Division Citation: [2016] NSWCATCD 3 Date of Decision: 5 January, 2016 Before: K Ross, General Member File Number(s): GEN 15/49169