Marsh v Pines Resort Management Pty Ltd [2021] NSWCATCD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marsh v Pines Resort Management Pty Ltd [2021] NSWCATCD 127 Hearing dates: 30 June 2021 Date of orders: 6 September 2021 Decision date: 06 September 2021 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: (1) The claimed increase in site fees of $12.50 per week is excessive. (2) The site fees for each affected home owner must not exceed $9.00 per week from 20 January 2021. Catchwords: RESIDENTIAL (LAND LEASE) COMMUNITIES — Rent increase — Outgoings and operating expenses Legislation Cited: Residential (Land Lease) Communities Act 2013 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Karlee Marsh (Applicant) Pines Resort management Pty Ltd (Respondnet) Representation: Applicant (Self-represented) L Toussaint (Respondent) File Number(s): RC 21/04607 Publication restriction: Nil

REASONS FOR DECISION

Application 1. By notice dated 20 November 2020 given to each of the home owners in the respondent's residential land lease community, the respondent gave notice of an intended increase in site fees of $25.00 per fortnight for each site, to commence from 20 January 2021. The home owners who are participants in these proceedings objected to the increase. Mediation was attempted but was unsuccessful and this application was lodged pursuant to s 71 of the Act. The applicants ("home owners") seek an order that the rent increase is excessive. The respondent ("operator") opposes the order sought. 2. The home owners also commenced proceedings seeking an order that the site fee increase be suspended until determination of this application, and on 11 March 2021 an order was made to that effect by consent.