Hacienda Caravan Park Pty Ltd v Dodge [2018] NSWCATAP 108

Hacienda Caravan Park Pty Ltd v Dodge [2018] NSWCATAP 108

There was sufficient uncontested evidence of an agreement by conduct for respondent Dodge to occupy site 201 and pay rent, which met the definition of a residential tenancy agreement under the repealed Residential Parks Act 1998 (NSW); the transitional provisions in clause 5 of Schedule 2 of the Residential (Land Lease) Communities Act 2013 (NSW) operated to deem the agreement a 'site agreement'. The Tribunal correctly rejected the application of the HP Act. The appeal is dismissed.

Jurisdiction
Australia
Judgment Date
08 May 2018
Procedural Posture
Civil Appeal / Appeal From Tribunal (nswcat Consumer and Commercial Division) to Appeal Panel
Outcome
Appeal dismissed
Legal Topics
['contract Formation' 'implied Agreements' 'transitional Provisions' 'residential Site Agreements' 'statutory Construction']
['contract Law' 'statutory Interpretation' 'residential Leasing Law'] ['contract Formation' 'implied Agreements' 'transitional Provisions' 'residential Site Agreements' 'statutory Construction']

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Procedural Posture

Civil Appeal / Appeal From Tribunal (nswcat Consumer and Commercial Division) to Appeal Panel

Legal Issues

  1. 1 ['Whether an agreement existed between the parties for occupation of site 201' "If so, whether the agreement was a 'site agreement' under the Residential (Land Lease) Communities Act 2013 (NSW), or an 'occupation agreement' under the Holiday Parks (Long-term Casual Occupation) Act 2002 (NSW)" 'Whether the Tribunal made errors of law in relation to formation and characterisation of the agreement']

Ratio Decidendi

There was sufficient uncontested evidence of an agreement by conduct for respondent Dodge to occupy site 201 and pay rent, which met the definition of a residential tenancy agreement under the repealed Residential Parks Act 1998 (NSW); the transitional provisions in clause 5 of Schedule 2 of the Residential (Land Lease) Communities Act 2013 (NSW) operated to deem the agreement a 'site agreement'. The Tribunal correctly rejected the application of the HP Act. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal is dismissed.']