Gennacker Pty Ltd trading as Homestead Holiday Park v Fontainas [2019] NSWSC 1376

Supreme Court New South Wales

Medium Neutral Citation: Gennacker Pty Ltd trading as Homestead Holiday Park v Fontainas [2019] NSWSC 1376 Hearing dates: 4 October 2019 Date of orders: 11 October 2019 Decision date: 11 October 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) This Court declines to exercise jurisdiction in the proceedings pursuant to Rule 12.11(1)(h) of the UCPR.

(2) The plaintiff is to file and serve written submissions of not more than 4 pages in length by Friday 18 October 2019 as to the costs order for which it contends given my conclusion in respect of order 1, noting that the defendant seeks a costs order that the "plaintiff pay all of the defendant's costs in relation to and incidental to the proceedings and the notice of motion".

(3) The defendant is to file and serve written submissions in response, not more than 4 pages in length by Friday 25 October 2019. Catchwords: CIVIL PROCEDURE – jurisdiction of Supreme Court to hear appeal from decision of single member of NCAT – whether Supreme Court should decline to exercise jurisdiction when no right of appeal pursued at NCAT first – right of internal appeal at NCAT available – Court declines to exercise jurisdiction to hear appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 32, 34, 80, 81, 82, 83 Holiday Parks (Long-term Casual Occupation) Act 2002 (NSW), s 5(1)(c) Residential (Land Lease) Communities Act 2013 (NSW), ss 12, 109(2) Uniform Civil Procedure Rules 2005 (NSW), r 12.11(1)(h) Cases Cited: Allan & Ors v TriCare (Hastings) Pty Ltd & Anor [2015] NSWSC 416 Category: Principal judgment Parties: Gennacker Pty Ltd trading as Homestead Holiday Park (Plaintiff) Jacques Fontainas (Defendant) Representation: Counsel: A Morris QC/L A Jurth (Plaintiff) M McMahon (Defendant)