Hacienda Caravan Park Pty Ltd v Dodge [2019] NSWSC 1296

Supreme Court New South Wales

Medium Neutral Citation: Hacienda Caravan Park Pty Ltd v Dodge [2019] NSWSC 1296 Hearing dates: 4 December 2018, further submissions invited on 30 September 2019 and provided by 11 October 2019 Decision date: 15 October 2019 Jurisdiction: Common Law Before: McCallum J Decision: (1) Grant leave to appeal. (2) Dismiss the appeal with costs. (3) Note that the form in which the site agreement should be entered into in accordance with order 1 of the Civil and Administrative Tribunal is the standard form as set out in Sch 1 of the Residential (Land Lease) Communities Regulation 2015 (NSW) Catchwords: LEASES AND TENANCIES – residential communities – where defendant purchased demountable home located on site within caravan park owned by plaintiff – absence of written site agreement – lengthy period of permanent residence and acceptance of rent – whether the Appeal Panel of the Civil and Administrative Tribunal erred in holding that the parties had entered into a site agreement within the meaning of the transitional provisions of the Residential (Land Lease) Communities Act Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 82, 83 Holiday Parks (Long-term Casual Occupation) Act 2002 (NSW) Interpretation Act 1987 (NSW), s 35 Residential (Land Lease) Communities Act 2013 (NSW), ss 3, 4, 26(4); Sch 2, cl 5 Residential (Land Lease) Communities Regulation 2015 (NSW), cl 6 Residential Parks Act 1998 (NSW), ss 3, 8, 9, 16A Residential Parks Regulation 2006 (NSW), cll 3, 5, 6; Schs 3, 4 Cases Cited: Barrier Wharfs Ltd v W Scott Fell & Co Ltd (1908) 5 CLR 647; [1908] HCA 88 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Hacienda Caravan Park Pty Ltd v Denley [2016] NSWCATAP 23 Hacienda Caravan Park Pty Ltd v Howarde [2016] NSWCATAP 1 Howard Smith & Co Ltd v Varawa (1907) 5 CLR 68; [1907] HCA 38 Category: Procedural and other rulings Parties: Hacienda Caravan Park Pty Ltd (plaintiff) David John Dodge (defendant) Representation: Counsel: AJH Morris QC with LA Jurth (plaintiff) M Painter SC with T Glover (defendant)