NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moloney v Styles [2016] NSWCATCD 35 Hearing dates: 18 February 2016 Decision date: 13 April 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 sites 13 and 47 were abandoned by the respondent on 31 March 2015.
2. The Tribunal finds that the goods, including the moveable dwellings on sites 13 and 47 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. Ian Desmond Styles is to pay Charles James Moloney the sum of $45,425.60 immediately.
Reasons: cost of removal of abandoned goods from sites 13 and 47 as per quotations of Rallin Excavations & Demolition dated 30 May 2015.
5. Ian Desmond Styles is to pay Charles James Moloney the sum of $4,504.34 immediately. Reasons: Site fees for site 13 from 16 February 2015 to 28 April 2015 $615.45 Site fees for site 13 from 25 August 2015 to 3 March 2015 $1,636.72 Site fees for site 47 from 16 February 2015 to 28 April 2015 $615.45 Site fees for site 47 from 25 August 2015 to 3 March 2015 $1,636.72 6. The respondent is to pay the applicant's costs of proceedings GEN 14/10514, GEN 14/28724, RP 14/40194 and GEN 14/40199 on a party party basis, as agreed or assessed. 7. The application for costs of proceedings GEN 15/49165, RP 14/42993 and GEN 14/42997 is dismissed. Catchwords: Abandoned goods, costs Legislation Cited: Holiday Parks (Long Term Casual Occupation) Act 2002 Civil and Administrative Tribunal Act 2013 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSW CATAP 22 Category: Principal judgment Parties: Charles James Moloney (applicant) Ian Desmond Styles (respondent) Representation: Mr Rodney Kent, Solicitor, for applicant No appearance by respondent File Number(s): GEN 15/49165 Publication restriction: Unrestricted
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