ZW2 Pty Ltd trading as Lake Munmorah Residential Resort v Welch [2019] NSWCATAP 260

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZW2 Pty Ltd trading as Lake Munmorah Residential Resort v Welch [2019] NSWCATAP 260 Hearing dates: 25 June 2019 Date of orders: 17 October 2019 Decision date: 17 October 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J McAteer, Senior Member Decision: (1) Leave to appeal is granted and the appeal is allowed. (2) Order 1 (renumbered to Order 2 in the amended orders), preventing the appellant from interfering in any proposed sale by requiring a prospective purchaser to sign an agreement including a clause to the effect of cl 52 identified in these reasons, is affirmed. (3) Orders 2 to 5 (renumbered in the amended orders as 4 to 6) are set aside. (4) The application for compensation and rent abatement is dismissed. Catchwords: RESIDENTIAL COMMUNITIES – interference with sale of home by residents – order preventing inclusion of term in proposed site agreement requiring compliance with local government regulations and building requirements – claim for compensation – failure to establish contravening conduct caused loss of sale. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Wardley Australia Ltd v Western Australia [1992] HCA 55; (1992] 175 CLR 514 Texts Cited: Nil Category: Principal judgment Parties: ZW2 Pty Ltd trading as Lake Munmorah Residential Resort (Appellant) Beverley Welch (First Respondent) Brian Welch (Second Respondent) Representation: Solicitors: L Lees (Director) (Appellant) Central Coast Tenants Advice & Advocacy Service (Respondent) File Number(s): AP 19/18387 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 29 March 2019 Before: K Ross, Senior Member File Number(s): RC 18/42134