Tootill v Parklea Operations Pty Limited trading as Gateway Lifestyle Stanhope Gardens [2019] NSWCATCD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tootill v Parklea Operations Pty Limited trading as Gateway Lifestyle Stanhope Gardens [2019] NSWCATCD 89 Hearing dates: 8 July 2019 Date of orders: 2 August 2019 Decision date: 02 August 2019 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: 1. The time for the making of each of the applications referred to in Schedule 1 is to the extent necessary extended until 26 October 2018. 2. The time for the making of each of the applications referred to in Schedule 2 is to the extent necessary extended until 26 March 2019. 3. The time for the making of each of the applications referred to in Schedule 3 is to the extent necessary extended until 12 April 2019. 4. The time for the making of each of the applications referred to in Schedule 4 is to the extent necessary extended until 15 May 2019. 5. The respondent is to pay each of the applicants within 14 days the sum of money referred to in Schedule 1, 2, 3 or 4 by way of a refund of overpaid electricity charges up to the date specified in the applicable Schedule. Catchwords: RESIDENTIAL COMMUNITIES – Recovery by home owners of monies paid under a mistake of law to Park operator for electricity charges Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Fair Trading Act 1987 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Residential (Land Lease) Communities Regulation 2015 (NSW) Cases Cited: Bavin v Parklea Operations Pty Ltd [2019] NSWCATAP 120 David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 Reckless v Silva Portfolios Pty Ltd [2017] NSWCATCD 57 Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park [2018] NSWCATAP 80 Silva Portfolios Pty Ltd trading as Ballina Waterfront Village & Tourist Park v Reckless [2018] NSWSC 1343 Stewart v Raythel Holdings Pty Ltd t/as Colonial Tweed Holiday Home Park [2019] NSWCATCD 48 Texts Cited: Nil Category: Principal judgment Parties: Nerida Tootill (Applicant) and the 92 persons referred to in Schedules 1, 2, 3 and 4. Parklea Operations Pty Limited trading as Gateway Lifestyle Stanhope Gardens (Respondent) Representation: P Batley (Applicant) D Fernandez (Land Lease Living Industry Association of NSW) (Respondent) File Number(s): RC 18/46379 Publication restriction: Nil