Bennett v Gennacker Pty Ltd [2016] NSWCA 89

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bennett v Gennacker Pty Ltd [2016] NSWCA 89 Hearing dates: 18 April 2016 Decision date: 29 April 2016 Before: Beazley P at [1]; Basten JA at [2]; Ward JA at [49] Decision: (1) Allow the appeal and set aside the judgment and orders of Hidden J of 11 June 2015.

(2) In place thereof:

(a) set aside order (4) made by the Consumer, Trader and Tenancy Tribunal on 4 December 2012 (declaring the agreement between the parties "void");

(b) otherwise dismiss the summons in the Common Law Division.

(3) Order that the respondent pay the appellant's costs in this Court. Catchwords: CONTRACT – occupation agreement – right to occupy site in holiday park – moveable dwelling on site – whether Holiday Parks (Long-Term Casual Occupation) Act 2002 (NSW) applies to agreement – whether occupant has a principal place of residence somewhere other than the site under s 5(1)(a) – whether requirement (a) applies at date agreement entered into – whether requirement that occupant has been an occupant on a casual basis for at least 12 months under s 5(1)(d)(ii) applies to agreement entered into after commencement of Act – whether requirement satisfied Legislation Cited: Consumer Trader and Tenancy Tribunal Act 2001 (NSW), s 65 Holiday Parks (Long-Term Casual Occupation) Act 2002 (NSW), ss 3, 5, 6, 11, 18, 19, 26, 27, 28, 30; Pt 2; Sch 1 Interpretation Act 1987 (NSW), s 35 Residential Parks Act 1998 (NSW) Statute Law (Miscellaneous Provisions) Act 2006 (NSW), Sch 1, item 1.15 Supreme Court Act 1970 (NSW), s 69 Category: Principal judgment Parties: Donald Bennett (First Appellant) Laureen Bennett (Second Appellant) Gennacker Pty Ltd (Respondent) Representation: Counsel: Ms M Painter SC/Mr T M Glover (Appellants) Mr R A Dick SC/Mr N M Eastman (Respondent)