Sokach v Byron Holiday Park [2017] NSWCATCD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sokach v Byron Holiday Park [2017] NSWCATCD 78 Hearing dates: 13 July 2017 Decision date: 12 September 2017 Jurisdiction: Consumer and Commercial Division Before: W Priestley, General Member Decision: 1. The application is dismissed. Legislation Cited: Residential (Land Lease) Communities Act 2013 Category: Principal judgment Parties: Pamela Sokach (applicant) Byron Holiday Park Pty Ltd (respondent) File Number(s): RC 17/15085 Publication restriction: Nil

Reasons for Decision

Background 1. The applicant is the owner of a home located on a residential site at a residential community operated by the respondent at Byron Bay. 2. Since 2002, the applicant has had a site agreement with the respondent, in respect of that site. From 2005, the applicant has periodically entered into residential tenancy agreements with various people, under which the site has been used as residential premises. 3. On 1 November 2015 the Residential (Land Lease) Communities Act ("the Act") commenced. Shortly after that, a residential tenancy agreement the applicant had with a tenant for the residential site, ended after a period of two years. The applicant then sought the respondent's consent to enter into another tenancy agreement for the site, and at the end of January 2016, that consent was given. The subsequent tenancy agreement was for 12 months, ending on 10 February 2017. The respondent refused to consent to the tenancy agreement being extended, or a new tenancy agreement being entered into with the same or a different tenant.

The application 1. On 24 March 2017, the applicant lodged an application seeking orders the respondent be directed to consent to further subletting of the home; that she be paid compensation for the loss of rent sustained as a result of the respondent's delay and refusal to consent to the tenancy agreement; that the respondent be ordered to expedite interviewing of proposed tenants; that a Mr Michael Poling be appointed as the applicant's agent and representative in relation to her site, and to have access to it; and finally an order for her costs associated with the application, including the costs of travelling from the United States and back.