McMillan v Coolah Tourist Park Pty Ltd [2021] NSWCATAP 73

McMillan v Coolah Tourist Park Pty Ltd [2021] NSWCATAP 73

The Tribunal erred in making orders regarding proposed changes to a draft site agreement, as it lacked jurisdiction to do so under the Residential (Land Lease) Communities Act; such jurisdiction only extends to agreements in force, not draft documents. As such, the orders made by the Tribunal were set aside and the application was dismissed.

Jurisdiction
Australia
Judgment Date
24 March 2021
Procedural Posture
Appeal / Decision on Appeal
Outcome
appeal allowed in part; Tribunal orders set aside; application dismissed; costs application dismissed
Legal Topics
['appeals' 'jurisdiction' 'site Agreements' 'residential Parks' 'tribunal Powers']
['civil Law' 'residential Tenancies' 'administrative Law'] ['appeals' 'jurisdiction' 'site Agreements' 'residential Parks' 'tribunal Powers']

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Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to make orders in respect of a draft residential site agreement' "Whether the appellants were 'home owners' entitled to apply to the Tribunal" 'Whether Tribunal had jurisdiction to hear application' 'Whether Tribunal erred in refusing restraining order on alleged conduct breaching operator rules']

Ratio Decidendi

The Tribunal erred in making orders regarding proposed changes to a draft site agreement, as it lacked jurisdiction to do so under the Residential (Land Lease) Communities Act; such jurisdiction only extends to agreements in force, not draft documents. As such, the orders made by the Tribunal were set aside and the application was dismissed.

Court Disposition

appeal allowed in part; Tribunal orders set aside; application dismissed; costs application dismissed

Orders

  • ['Time for lodging the appeal is extended to 20 August 2020.' 'A hearing is dispensed with in relation to the matters raised with the parties after the conclusion of the hearing.' 'The orders made by the Tribunal are set aside.' "In substitution for the Tribunal's decision, the application is dismissed." "The...