Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216 Hearing dates: 15 and 24 August, 8 September 2016 Date of orders: 19 September 2016 Decision date: 19 September 2016 Jurisdiction: Appeal Panel Before: Wright J, President R Seiden SC, Principal Member R Titterton, Senior Member Decision: In respect of each of appeals AP 16/25372, AP 16/25414, AP 16/24875, AP 16/22096, AP 16/25422:

1. The Appeal Panel orders that: (1) The Appeal is dismissed. (2) Orders 1, 2, 3, 4 and 5 made on 6 April 2016 are confirmed.

2. The Appeal Panel directs that if any party wishes to press an application for costs of this appeal: (a) The party is to file and serve any submissions on costs and on whether the application should be dealt with on the papers without an oral hearing on or before 3 October 2016; (b) Any party which opposes the ordering of such costs is to file and serve any submission on costs and on whether the application should be dealt with on the paper without an oral hearing on or before 17 October 2016; and (c) The party pressing the application for costs is to file and serve any submissions in reply on or before 24 October 2016. Catchwords: RESIDENTIAL PARKS – Residential Parks Act – whether object in s 130A(1) operates as a jurisdictional fact – object in s 130A(1) does not establish a jurisdictional fact or the fact was satisfied in this case

RESIDENTIAL PARKS – Residential Parks Act – whether the Tribunal may make a possession order under s 113(3A)(b) in circumstances where the resident does not agree to the sale of the dwelling – Tribunal may make an order for possession where resident does not agree