Beadle v Barnes Property Investments Pty Ltd T/A Bayside Gardens [2021] NSWCATCD 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Beadle v Barnes Property Investments Pty Ltd T/A Bayside Gardens [2021] NSWCATCD 93 Hearing dates: 21 July 2021 Date of orders: 28 September 2021 Decision date: 28 September 2021 Jurisdiction: Consumer and Commercial Division Before: S Hanstein, General Member Decision: (1) The Operator is to maintain the roads in a reasonable state of repair. (2)The Operator is to ensure the trees are properly maintained and the gardens are reasonably tidy. Catchwords: RESIDENTIAL (LAND LEASE) COMMUNITIES — Common areas — Maintenance — Whether reasonable state of cleanliness and repair —Trees — Whether properly maintained — Whether site fees should be reduced Legislation Cited: Residential (Land Lease) Communities Act 2013 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Jannette Beadle (Applicant) Barnes Property Investments Pty Ltd T/A Bayside Gardens (Respondent) Representation: Applicant (Self represented) Respondent (Self represented) File Number(s): RC 21/05584 Publication restriction: Nil

reasons for decision 1. The applicant ("Home Owner") seeks orders pursuant to the Residential (Land Lease) Communities Act 2013 (NSW) ("Act") requiring the respondent ("Operator") to maintain the common areas in a reasonable state of cleanliness and repair, and to properly maintain the trees in the community. The applicant also seeks a reduction in site fees.

Background 1. The parties entered into a site agreement commencing on 16 December 2011. I am satisfied the Tribunal has jurisdiction to hear and determine the application.