Farraway v Galt Investments Pty Ltd [2016] NSWCATCD 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Farraway v Galt Investments Pty Ltd [2016] NSWCATCD 53 Hearing dates: 3 June 2016 Decision date: 21 June 2016 Jurisdiction: Consumer and Commercial Division Before: D Moss, General Member Decision: 1. The application is dismissed.

Reasons: The grounds required to make the orders sought have not been established. Catchwords: Park Owner's refusal to give permission to assignment of residential site agreement. Legislation Cited: Residential (Land Lease) Communities Act 2013, Residential (Land Lease) Communities Regulation 2015, Residential Parks Act 1998, Residential Parks Regulation 1999, Residential Parks Regulation 2006. Category: Principal judgment Parties: Barry Farraway ("the home owner") (applicant) Galt Investments Pty Ltd ("the operator") (respondent) Representation: The home owner was represented by Ms Steel, an advocate from the Port Stephens Park Residents' Association. The operator was represented by its employee, Ms Daly. File Number(s): RC 16/15277 Publication restriction: Nil

REASONS FOR DECISION

Application 1. On 30 March 2016, the home owner made an application under the Residential (Land Lease) Communities Act 2013, ("the Act"). 2. In submissions filed before the hearing, the home owner sought the following order: An order pursuant to s45(1) of the Residential (Land Lease) Communities Act 2013 (the Act) that the park operator, Galt Investments P/L consent to the assignment of the Tenancy Agreement dated 15th January 1999, in the name of (Mr) Farraway, to Mr …. McLeer – such consent to be provided within 7 days of the date of the order.