Johnson v Camilleri Properties Pty Ltd [2018] NSWCATAP 239

Johnson v Camilleri Properties Pty Ltd [2018] NSWCATAP 239

The appeal was otherwise dismissed because the material before the Appeal Panel disclosed no error of law or other ground for upholding the appeal: oral reasons were accepted as having been given and were not shown to be inadequate; the residential site agreement required written permission to alter or add to the site, including a carport; there was no evidence of written permission; and the asserted oral permission was disputed. Time to appeal was extended because any delay was very short and no prejudice to the Operator was shown. The order was modified only to add a compliance deadline.

Jurisdiction
Australia
Judgment Date
10 October 2018
Procedural Posture
Internal Appeal From a Consumer and Commercial Division Decision Concerning Removal of a Carport Structure From a Residential Site / Appeal Panel Decision
Outcome
Appeal upheld for the limited purpose of modifying the compliance order and otherwise dismissed; time for lodgement of the appeal extended.
Legal Topics
['extending Time for Appeal' 'adequacy of Reasons' 'grounds of Appeal' 'written Permission Under Residential Site Agreement' 'removal of Carport Structure']
['civil and Administrative Tribunal' 'residential Land Lease Communities' 'administrative Law'] ['extending Time for Appeal' 'adequacy of Reasons' 'grounds of Appeal' 'written Permission Under Residential Site Agreement' 'removal of Carport Structure']

Case Brief

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Procedural Posture

Internal Appeal From a Consumer and Commercial Division Decision Concerning Removal of a Carport Structure From a Residential Site / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether time should be extended for lodgement of the appeal.' 'Whether the Tribunal at first instance failed to provide adequate reasons.' 'Whether the Respondent Homeowners established any error of law or other ground warranting interference with the order requiring removal of the carport structure.' 'Whether the order should be modified to specify a time for compliance.']

Ratio Decidendi

The appeal was otherwise dismissed because the material before the Appeal Panel disclosed no error of law or other ground for upholding the appeal: oral reasons were accepted as having been given and were not shown to be inadequate; the residential site agreement required written permission to alter or add to the site, including a carport; there was no evidence of written permission; and the asserted oral permission was disputed. Time to appeal was extended because any delay was very short and no prejudice to the Operator was shown. The order was modified only to add a compliance deadline.

Court Disposition

Appeal upheld for the limited purpose of modifying the compliance order and otherwise dismissed; time for lodgement of the appeal extended.

Orders

  • ['The appeal is upheld for the purposes of order 2 below and is otherwise dismissed;' 'The order made on 22 June 2018 as amended by the order made on 29 June 2018 is modified by adding at the end of the existing order, the words "within 28 days from today (i.e. from 25 September 2018)";' 'The time for the lodgement...