Fuller v Combined Property Renewal Pty Ltd t/as Kempsey Tourist Village [2018] NSWCATAP 261

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fuller v Combined Property Renewal Pty Ltd t/as Kempsey Tourist Village [2018] NSWCATAP 261 Hearing dates: 22 October 2018 Date of orders: 05 November 2018 Decision date: 05 November 2018 Jurisdiction: Appeal Panel Before: R C Titterton, Principal Member D A C Robertson, Senior Member Decision: 1. Extend the time for the filing of the Notice of Appeal to 25 July 2018.

2. Appeal allowed.

3. Orders numbered (1), (2), (3), (4), (5), (8), (9), (10), (11) and (12) made on 28 June 2018 in matter RT 18/25065 are set aside.

4. Remit matter RT 18/25065 to the Consumer and Commercial Division of the Tribunal, differently constituted, for re-determination. The matter is to be listed for directions for decision as to which issues need to be re-determined. Catchwords: PRACTICE AND PROCEDURE – denial of procedural fairness – Tribunal proceeding when notice of hearing not received – Tribunal amending application on own motion

LAND LAW – Residential Tenancies – caravan parks – whether agreement for occupation of an on-site caravan is a residential tenancy Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Local Government Act 1993 (NSW) Residential Tenancies Act 2013 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Cases Cited: Cameron v Cole (1944) 68 CLR 571 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 Collins v Urban [2014] NSWCATAP 17 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 McKenzie v McKenzie [1971] P 33; [1970] 3 WLR 472; [1970] 3 All ER 1034 Pholi v Wearne [2014] NSWCATAP 78 Pollard v RRR Corporation Pty Limited [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Taylor v Peslak [2018] NSWCATAP 57 Category: Principal judgment Parties: Ellen Fuller and Kevin Gayle (Appellants) Combined Property Renewal Pty Ltd t/as Kempsey Tourist Village (Respondent) Representation: Appellants: self-represented: Respondent: M Mitchell, owner and director File Number(s): AP 18/32579 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 26 June 2018 Before: S Hausfeld, General Member File Number(s): RT 18/25065 and RT 18/17992