Site agreement sighted

In an update from a David and Goliath battle that we wrote about in Outasite issue 7 here, we are pleased to report that David Dodge and Beryl Clarke, home owners at Tweed River Hacienda Holiday Park have finally been given a written site agreement.

The site agreement was belatedly provided to David after the Prothonotary of the Supreme Court of NSW (the Chief Clerk) instructed the Crown Solicitors Office to commence contempt proceedings against the operator in the Supreme Court. It only took 5 and a half years, and five separate proceedings, for the operator to fully comply from the date that the NSW Civil and Administrative Tribunal originally ordered the operator to enter into a written site agreement with our client! The operator unsuccessfully appealed the NCAT first instance decision to the NCAT Appeal Panel and was unsuccessful again in their appeal before the Supreme Court of NSW. The home owners had to apply to the Enforcement Panel of NCAT who by written decision referred the matter to the Supreme Court of NSW where the Prothonotary commenced with a Summons against Tweed River Hacienda Holiday Park.

This article was published in Outasite magazine issue 10. Outasite is published once or twice annually. Outasite Lite email newsletter is sent several times a year – subscribe here. All past issues are available in the archive.