Kincumber Nautical Village Pty Ltd v Morris & Ors [2021] NSWCATAP 275

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kincumber Nautical Village Pty Ltd v Morris & Ors [2021] NSWCATAP 275 Hearing dates: 25 March 2021 Date of orders: 14 September 2021 Decision date: 14 September 2021 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member D Robertson, Senior Member Decision: (1) Appeal allowed. (2) The decisions made in matter RC 19/47649 and in the other related matters listed in Schedule 1 to that decision are set aside. Catchwords: APPEAL – residential land lease community – rent increase by a fixed method – whether a formula which includes a number of components added together is "a fixed method" – meaning of a fixed method - meaning of a fixed calculation Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Residential (Land Lease) Communities Act 2013 Residential (Land Lease) Communities Regulation 2015 Cases Cited: Clark v Electrical Home-Aids Pty Ltd [2017] NSWCATAP 63 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Project Blue Sky Inc v Australian Broadcasting Tribunal [1998] HCA 28; 194 CLR 355 Rizzi v Grazcos Co-operative Limited [1981] HCA 37; (1981) 153 CLR 669 Category: Principal judgment Parties: Kincumber Nautical Village Pty Ltd (Appellant) Robert Morris and Ors (Respondents) Representation: Counsel: A Hochroth (Appellant)

Solicitors: Banco Chambers (Appellant) R Morris (Self-represented and for the Respondents) File Number(s): 2020/00371060 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 3 September 2020 Before: K Ross, Senior Member File Number(s): RC 19/48069 and related files set out in Schedule 1 to the decision in RC 19/48069