Hacienda Caravan Park Pty Ltd v Mountfort [2020] NSWCATAP 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hacienda Caravan Park Pty Ltd v Mountfort [2020] NSWCATAP 85 Hearing dates: 23 April 2020 Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Robertson, Senior Member Decision: (1) Extend the time for lodging the Notice of Appeal to 3 February 2020. (2) Appeal allowed. (3) Set aside the order made in each of the applications on 11 November 2019, as amended on 20 November 2019. (4) Remit each of the applications the subject of the appeal to the Consumer and Commercial Division of the Tribunal for hearing and determination. Catchwords: CIVIL PROCEDURE – NSW Civil and Administrative Tribunal – service in another state of applications filed in the Tribunal - Service and Execution of Process Act 1992 (Cth) – whether the requirements of the Act were complied with – whether orders made in the absence of the appellant should be set aside Legislation Cited: Acts Interpretation Act 1901 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Corporations Act 2001 (Cth) Residential (Land Lease) Communities Act 2013 (NSW) Service and Execution of Process Act 1992 (Cth) Service and Execution of Process Regulations 2018 (CTH) Category: Principal judgment Parties: Hacienda Caravan Park Pty Ltd t/as Tweed River Hacienda Holiday Park (Appellant)