Allen & Ors v TriCare (Hastings) Pty Ltd & Anor [2015] NSWSC 416

Allen & Ors v TriCare (Hastings) Pty Ltd & Anor [2015] NSWSC 416

The Tribunal fell into jurisdictional error by purportedly being satisfied, under s 113(3A)(a) of the Residential Parks Act 1998, that compensation for relocation had been determined despite the common position that relocation was not possible; therefore, its orders for termination and possession in respect of the plaintiffs were invalid and must be set aside, with the matter remitted for proper determination.

Parties
First Plaintiff: Sue Allen; Second Plaintiff: Beryl Anderson; Third Plaintiff: Kevin Byng; Fourth Plaintiff: Lorraine Byng; Fifth Plaintiff: Phillip Tucker; Sixth Plaintiff: Judy Tucker; First Defendant: TriCare (Hastings) Pty Ltd; Second Defendant: NSW Civil and Administrative Tribunal
Jurisdiction
Australia
Judgment Date
17 April 2015
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Application granted; Tribunal's orders set aside; matter remitted for re-hearing; no order as to costs.
Legal Topics
Judicial Review of NSW Civil and Administrative Tribunal, Residential Parks Act—termination of Residential Site Agreements, Jurisdictional Error—compensation for Relocation, Supreme Court Discretionary Relief
Administrative Law Property Law Judicial Review of NSW Civil and Administrative Tribunal Residential Parks Act—termination of Residential Site Agreements Jurisdictional Error—compensation for Relocation Supreme Court Discretionary Relief

Case Brief

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Parties

Sue Allen

First Plaintiff

Beryl Anderson

Second Plaintiff

Kevin Byng

Third Plaintiff

Lorraine Byng

Fourth Plaintiff

Phillip Tucker

Fifth Plaintiff

Judy Tucker

Sixth Plaintiff

TriCare (Hastings) Pty Ltd

First Defendant

NSW Civil and Administrative Tribunal

Second Defendant

Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 Whether the NSW Civil and Administrative Tribunal committed jurisdictional error in applying s 113(3A)(a) of the Residential Parks Act 1998 when plaintiffs' dwellings could not be relocated
  2. 2 Whether compensation for cost of relocating dwelling to new location had been determined under s 128
  3. 3 Whether Tribunal's approach to s 113(3A)(b) and s 113(3A)(c) was correct

Ratio Decidendi

The Tribunal fell into jurisdictional error by purportedly being satisfied, under s 113(3A)(a) of the Residential Parks Act 1998, that compensation for relocation had been determined despite the common position that relocation was not possible; therefore, its orders for termination and possession in respect of the plaintiffs were invalid and must be set aside, with the matter remitted for proper determination.

Court Disposition

Application granted; Tribunal's orders set aside; matter remitted for re-hearing; no order as to costs.

Orders

  • The time for the commencement of these proceedings be extended pursuant to Uniform Civil Procedure Rule 59.10(2) up to and including 3 December 2014.
  • Within seven days, the plaintiffs file an Amended Summons naming the correct parties as plaintiffs.