Tork v Parklea Operations Pty Limited t/as Gateway Lifestyle Residential Park – Stanhope Gardens [2020] NSWCATAP 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tork v Parklea Operations Pty Limited t/as Gateway Lifestyle Residential Park – Stanhope Gardens [2020] NSWCATAP 21 Hearing dates: On the Papers Date of orders: 12 February 2020 Decision date: 12 February 2020 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member L Wilson, Senior Member Decision: (1) Order pursuant to s.50(2) of the Civil and Administrative Tribunal Act 2013, dispensing with a hearing of the application for costs. (2) No order as to costs of the appeal. (3) The application for costs by the Respondent is dismissed. Catchwords: Costs – whether special circumstances exist pursuant to s.60 of the Civil and Administrative Tribunal Act 2013 – amount claimed or in dispute not more than $30,000 – no special circumstances exist – application for costs dismissed – no order as to costs. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2013 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Residential (Land Lease) Communities Regulation 2015 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Bavin v Parklea Operations Pty Ltd [2019] NSWCATAP 120 CBD Holdings Pty Ltd v Baguley [2016] NSWCATAP 168 Citadin P/L v Eddy Azzi Aust P/L (No 2) [2001] NSWADTAP 31 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Diaspora Holdings Pty Ltd v Owners SP 68608 [2019] NSWCATAP 250 Marsh v Pines Resort Management Pty Ltd (Unreported, NCAT File No. RC17/33313) Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Myles v Holiday Retreats Australia Pty Ltd T/as River Gum Holiday Park (No 2) (Unreported, NCAT File No RC17/32008) Recklessly Silver Portfolios Pty Ltd T/as Ballina Waterfront Village & Tourist Park [2018] NSWCATCD 59 Stewart v Raythel Holdings Pty Ltd T/as Colonial Tweed Holiday Home Park [2019] NSWCATCD 48 Texts Cited: None Category: Costs Parties: Victoria Tork (First Appellant) The eleven people from Schedule 1 and one person each from Schedules 2, 3, and 4 named in the attached Schedule hereto (Second – Fifteenth Appellant)Parklea Operations Pty Limited t/as Gateway Lifestyle Residential Park – Stanhope Gardens (Respondent) Representation: Counsel: P Batley (Appellant) J Mack (Respondent) File Number(s): AP19/37140 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 2 August 2019 Before: G Blake AM SC, Senior Member File Number(s): RC18/46379 and the file numbers referred to in Schedules 1, 2, 3 and 4 to the Decision