Farraway v Galt Investments Pty Ltd [2016] NSWCATCD 53
The operator is lawfully entitled to refuse consent to the assignment of the site agreement without any requirement of reasonableness under the current Act and the site agreement. The refusal did not amount to unlawful interference with the home owner's right to sell the home.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 21 June 2016
- Procedural Posture
- Application Under Residential (land Lease) Communities Act 2013 / Final Decision
- Outcome
- Application dismissed
- Legal Topics
- ['assignment of Residential Site Agreements' 'operator Consent' 'sale of Manufactured Homes' 'residential (land Lease) Communities Act 2013']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Application Under Residential (land Lease) Communities Act 2013 / Final Decision
Legal Issues
- 1 ['Whether the operator can refuse consent to assignment of a residential site agreement' 'Whether refusal to consent amounts to interference with sale of the home' 'Whether the operator must not unreasonably withhold consent to assignment of the site agreement']
Ratio Decidendi
The operator is lawfully entitled to refuse consent to the assignment of the site agreement without any requirement of reasonableness under the current Act and the site agreement. The refusal did not amount to unlawful interference with the home owner's right to sell the home.
Court Disposition
Application dismissed
Orders
- ['The application is dismissed.' 'The grounds required to make the orders sought have not been established.']
Full Case Text
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