Gennacker Pty Ltd t/as Homestead Holiday Park v Bennett [2020] NSWCATAP 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gennacker Pty Ltd t/as Homestead Holiday Park v Bennett [2020] NSWCATAP 12 Hearing dates: 14 November 2019 Date of orders: 21 January 2020 Decision date: 21 January 2020 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robertson, Senior Member Decision: (1) The time for the filing of the appeal is extended to 3rd September 2019 (2) The appeal is dismissed (3) If the Respondents seek costs of the appeal they must file and serve written submissions within 21 days of the publication of this decision. (4) The appellant must file and serve submissions in reply within 21 days thereafter (5) The submissions of the parties should address the question of whether the appeal panel may determine costs on the papers and dispense with a hearing on costs. Catchwords: LEASES AND TENANCIES – Residential (Land Lease) Communities Act 2013 (NSW) – jurisdiction of Tribunal – agreement between park operator and resident satisfied the definition of site agreement in s 4 of the Act – extension of time for bringing of objection to increase in site fees – s 41 of the Civil and Administrative Tribunal Act 2014 (NSW) permits the Tribunal to extend the time for bringing an objection to an increase in site fees. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Corporations Act 2001 (Cth) Holiday Parks (Long Term Casual Occupation) Act 2002 (NSW) Residential(Land Lease)Communities Act 2013 (NSW) Residential Parks Act 1988 (NSW) Residential Parks Regulation 2006 (NSW) Cases Cited: Bennett v Gennacker Pty Ltd [2016] NSWCA 89 Gennacker Pty Ltd v Bennett [2016] NSWCATAP10 Port of Melbourne Authority v Anshun (1981) 147 CLR 589 Texts Cited: None cited Category: Principal judgment Parties: Gennacker Pty Ltd (Appellant) Don Bennett & Ors (Respondents) Representation: Counsel: T Glover (Respondent)