REQUIREMENTS FOR COMPENSATION ORDERS AND THE RESCISSIONARY ANALOGUE: JONVAL BUILDERS PTY LTD v COMMISSIONER FOR FAIR TRADING (NSW)

摘要

Between 2009 and 2012, several consumers purchased from the first appellant, Jonval Builders Pty Ltd (Jonval), villas described as “moveable dwellings” which villas were attached to land in a holiday park operated by the second appellant, Hacienda Caravan Park Pty Ltd (Hacienda). Specifically, each of the consumers had entered into a sale agreement with Jonval and an occupation agreement with Hacienda. The latter contained terms requiring Hacienda's prior permission for occupation of the villas for any period more than 28 days and limiting occupation to no more than 180 days per year. These occupation terms corresponded with a condition of development consent that sites not be used for permanent accommodation.