R & B Rowley t/as Finley Lakeside Caravan & Cabin Park and Rowley Earthmoving Pty Ltd v Boyer [2022] NSWCATAP 238

R & B Rowley t/as Finley Lakeside Caravan & Cabin Park and Rowley Earthmoving Pty Ltd v Boyer [2022] NSWCATAP 238

The Tribunal's power to declare and enforce site agreements under the RLLC Act is not overridden by other statutory or contractual limitations unless expressly provided; the agreement was a site agreement regulated by the Act, and no statutory provision rendered the agreement void. Accordingly, the appeal failed.

Parties
Appellants: Reginald and Bernice Rowley t/as Finley Lakeside Caravan & Cabin Park and Rowley Earthmoving Pty Ltd; Respondent: Richard Boyer
Jurisdiction
Australia
Judgment Date
18 July 2022
Procedural Posture
Civil Appeal / Appeal Panel Determination
Outcome
Appeal dismissed except as to variation of compliance period for original orders.
Legal Topics
Site Agreement Under Residential (land Lease) Communities Act 2013, Conflict Between Federal, State, And Local Legislation, Statutory Interpretation, Illegality and Enforceability of Contracts
Administrative Law Residential Tenancy Site Agreement Under Residential (land Lease) Communities Act 2013 Conflict Between Federal, State, and Local Legislation Statutory Interpretation Illegality and Enforceability of Contracts

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Parties

Reginald and Bernice Rowley t/as Finley Lakeside Caravan & Cabin Park and Rowley Earthmoving Pty Ltd

Appellants

Richard Boyer

Respondent

Procedural Posture

Civil Appeal / Appeal Panel Determination

Legal Issues

  1. 1 Whether the oral agreement between the parties was a 'site agreement' regulated by the Residential (Land Lease) Communities Act 2013 (NSW)
  2. 2 Whether entering into the site agreement was contrary to local government and other statutory requirements, and if so, whether this rendered the agreement void or ultra vires
  3. 3 Whether the tribunal had jurisdiction to order entry into a written site agreement despite potential breaches of other statutes or lease terms

Ratio Decidendi

The Tribunal's power to declare and enforce site agreements under the RLLC Act is not overridden by other statutory or contractual limitations unless expressly provided; the agreement was a site agreement regulated by the Act, and no statutory provision rendered the agreement void. Accordingly, the appeal failed.

Court Disposition

Appeal dismissed except as to variation of compliance period for original orders.

Orders

  • Except to the extent that order 3 in RC 21/42659 is varied, the appeal is dismissed.
  • Order 3 in RC 21/42659 is varied to allow 14 days compliance from date of Appeal Panel's orders, with liberty to relist within three months.