NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tricare v Allen and others [2016] NSWCATCD 25 Hearing dates: 29 February 2016 Decision date: 06 April 2016 Jurisdiction: Consumer and Commercial Division Before: S Westgarth, Deputy President Decision: (1) The residential tenancy agreements of each of the respondents is hereby terminated;
(2) The respondents will deliver up vacant possession of their respective residential sites on or before 20 September 2016;
(3) Notwithstanding order 2, the orders for possession are suspended until the respondents receive payment in full, of the amounts determined in these reasons to be the values of the dwellings (or until payment in full is tendered) namely:
Site 39 $60,000 Site 51 $85,000 Site 54 $20,000 Site 58 $45,000 Site 59 $40,000
(4) Once payment in full is made or tendered by the applicant to the respondents then in respect of those respondents who have received payment in full or been tendered payment in full the suspension of the order for possession is lifted; and
(5) Liberty to renew. Catchwords: Residential Parks Act – termination of residential site agreements, value of dwelling, agreement to buy dwelling Legislation Cited: Residential Parks Act 1998 Supreme Court Act 1970 Residential (Land Lease) Communities Act 2013 Interpretation Act 1987 Cases Cited: Allan v Tricare (Hastings) Pty Ltd & Anor [2015] NSWSC 416 Haraba Pty Ltd v Castles [2007] QCA 206 Pearce v Cocchiaro [1977] CLR 600 Cooper Brooks (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] CLR 297 Edelbrand Pty Ltd v HM Australia Holdings Pty Ltd [2012] NSWCA 31 AB v Western Australia [2001] HCA 42 Fitzroy Dental Pty Ltd v Metropole Management Pty Ltd and Anor [2013] VSC 344 Texts Cited: Nil Category: Principal judgment Parties: Tricare (Hastings) Ltd (Applicant) Susan Jane Allen (Respondent) Beryl Edith Anderson (Respondent) Judy Tucker (Respondent) Phillip Tucker (Respondent) Kevin and Lorraine Byng (Respondent) Representation: Counsel: S Berveling (Appellant) M McMahon (Respondents) Solicitors:Minter Ellison (Appellant) Paul Smyth, Tenants Union of New South Wales (Respondents) File Number(s): RP 13/34743, 13/34744, 13/34745, 13/34746 and 13/34741 Publication restriction: Unrestricted
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