Moloney v Taylor [2017] NSWCATCD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moloney v Taylor [2017] NSWCATCD 58 Hearing dates: 16 February 2017 and 24 March 2017 Decision date: 28 July 2017 Jurisdiction: Consumer and Commercial Division Before: K. Ross, Senior Member Decision: 1 Pursuant to s 32 of the Holiday Parks (Long Term Casual Occupation) Act 2002 ("the Act") the Tribunal declares that site 63 was abandoned by the respondent on 01 May 2015.

2 Pursuant to s 33 of the Act the Tribunal orders Deborah Anne Taylor to pay Charles James Maloney the sum of $19412.80 immediately.

3 Reasons: compensation for abandonment of the site, being the cost of removal of the abandoned goods.

4 Pursuant to s 34 (2) of the Act the Tribunal finds that the goods, including the moveable dwelling on site 63 are abandoned goods and authorises the applicant to remove, destroy, sell or otherwise dispose of the abandoned goods.

(a)The applicant is to provide to the respondent and the Tribunal submissions as to costs, by 4 August 2017. (b)The respondent is to provide to the applicant and the Tribunal any submissions in reply by 18 August 2017. (c)The submissions are to include submissions as to whether a hearing is required to determine the cost application, or whether a decision can be made on the papers.

The balance of the application is dismissed. Catchwords: HOLIDAY PARKS (LONG TERM CASUAL OCCUPATION) ACT - Jurisdiction, moveable dwelling, abandoned site, uncollected goods, compensation Legislation Cited: Holiday Parks (Long Term Casual Occupation) Act 2002 Civil and Administrative Tribunal Act 2013 Cases Cited: Australian Education Union v Lawler [2008] FCAFC 135 Category: Principal judgment Parties: Charles James Moloney (applicant) Deborah Anne Taylor (respondent) Representation: Counsel: Pearson for respondent instructed by Homeless Persons Legal Service Solicitor: Mr Kent for applicant File Number(s): GEN 16/19014 Publication restriction: Unrestricted