Aesbacher v Nambucca Villiage Pty Ltd [2022] NSWCATCD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aesbacher v Nambucca Villiage Pty Ltd [2022] NSWCATCD 5 Hearing dates: 3 December 2021 Date of orders: 1 February 2022 Decision date: 01 February 2022 Jurisdiction: Consumer and Commercial Division Before: J Searson, General Member Decision: (1) The site fees payable by each affected applicant Home Owner (below) under their respective site agreements are reduced by an amount of $5 per week from 5 February 2020 to 7 May 2021. (2) To give effect to order (1) above, the Operator is to pay to each affected Home Owner (below) the sum of $325 on or before 27 March 2022. Catchwords: RESIDENTIAL (LAND LEASE) COMMUNITIES – Site fees – Electricity – Where operator ceases on-selling electricity – Whether communal service has been withdrawn – Whether site fees should be reduced Legislation Cited: Residential (Land Lease) Communities Act 2013 Residential Parks Act 1998 Residential (Land Lease) Communities Regulation 2013 Cases Cited: Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park (No. 2) [2018] NSWCATCD 59 Chapman v Nambucca Village Pty Ltd [2021] NSWCATCD 18 Pearson v Clark [2016] NSWCATAP 134 Effrem Foods v Trawl Industries 115 ALR 337 Jackson v Goldsmith (1950) 81 CLR 446 Outram v Morewood (1803) 102 ER 630 Blair v Curran (1939) 69 CLR Brunsden v Humphrey (1884) 14 QBD 141 Gleeson v The Owners – Strata Plan No 48226 [2018] NSWCATAP 204 Maganja v Arthur [1984] 3 NSWLR 561 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Texts Cited: Halsbury's Laws of Australia (online) "Halsburys" Category: Principal judgment Parties: Applicants: