Rowe v Kincumber Nautical Village Pty Ltd [2022] NSWSC 1378

Supreme Court New South Wales

Medium Neutral Citation: Rowe v Kincumber Nautical Village Pty Ltd [2022] NSWSC 1378 Hearing dates: 22 July 2022 Date of orders: 27 October 2022 Decision date: 27 October 2022 Jurisdiction: Common Law Before: Garling J Decision: See [59] Catchwords: LEASES AND TENANCIES — Legislation protecting tenants — Residential (Land Lease) Communities Act 2013 (NSW) — Site agreements — Whether site agreement provided that site fees payable under it be increased in accordance with the Act — Whether site fee increase clause constituted a "fixed method" — Whether site fee increase clause constituted a "fixed calculation" Legislation Cited: Civil and Administrative Tribunal Act 2013 s 83 Civil Procedure Act 2005 Pt 10 Competition and Consumer Act 2010 (Cth) Sch 2 - Australian Consumer Law Residential (Land Lease) Communities Act 2013 Pt 6, Div 3, ss 5-8, 26-27, 29, 156-157 Residential (Land Lease) Communities Regulation 2015 Sch 1 Residential Parks Act 1998 s 53 Cases Cited: Kincumber Nautical Village Pty Ltd v Morris [2021] NSWCATAP 275 Mine Subsidence Board v Wambo Coal Pty Ltd [2007] NSWCA 137 Pine Needles Village Pty Ltd v Residential Tribunal of NSW [2000] NSWSC 144 Plaintiff M47/2012 v Director-General of Security (2012) 251 CLR 1; [2012] HCA 46 Rizzi v Grazcos Co-operative Ltd (1981) 153 CLR 669; [1981] HCA 37 Rowe v Kincumber Nautical Village Pty Ltd [2022] NSWSC 533 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Texts Cited: Not applicable Category: Principal judgment Parties: Daryl John Rowe (P) Kincumber Nautical Village Pty Ltd (D) Representation: Counsel: P Batley (P) D Hochroth (D)