Wooden v Hometown Australia Chain Valley Bay Pty Limited [2022] NSWCATCD 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wooden v Hometown Australia Chain Valley Bay Pty Limited [2022] NSWCATCD 181 Hearing dates: 11 August 2022 Date of orders: 19 September 2022 Decision date: 19 September 2022 Jurisdiction: Consumer and Commercial Division Before: J Searson, General Member Decision: (1) The application is dismissed Catchwords: RESIDENTIAL (LAND LEASE) COMMUNITIES — Maintenance — Whether operator responsible for costs of repairs. Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential (Land Lease) Communities Act 2013 Category: Principal judgment Parties: Anna Wooden (Applicant)

Hometown Australia Chain Valley Bay Pty Limited (Respondent) Representation: Applicant in person

Ms Lauder, area manager on behalf of the respondent File Number(s): RC 22/25435 Publication restriction: Nil

REASONS FOR DECISION 1. The applicant ("homeowner") seeks orders pursuant to the Residential (Land Lease) Communities Act 2013 (NSW) ("RLLC") requiring the respondent ("operator") to pay for the costs of ongoing repairs to the external cladding on her home. The applicant has not set out in her application or submissions what section of the Residential (Land Lease) Communities Act 2013 ("RLLC") she is reliant upon in seeking these orders. 2. The respondent opposes the application.

Background 1. The applicant entered into a Residential Site agreement with the predecessor of the respondent (INA Operations Pty Ltd as Trustee for INA Operations Trust #3 trading as Active Lifestyle Estates "Ingenia Lifestyle") on or about 23 June 2016. 2. The respondent in this matter is an "operator" as defined in s 4 of the RLLC and operates the community known as "Lakeside Lifestyle Community" ("the community") and situated at 132 Findlay Avenue Chain Valley Bay NSW. 3. The applicant is a "homeowner" as defined in s 4 of the RLLC and occupies site 10 within the community. 4. The dispute in this matter is in relation to the construction of the applicant's home, specifically the installation of external cladding by Ausconstruct in or about 2016. Ausconstruct were engaged by Ingenia Lifestyle (the previous operator of the community) and or Parkwood Homes (the manufacturer of the home). 5. The applicant purchased her home in approximately 2016. 6. The respondent purchased the community in 2018 from Ingenia Lifestyle, the previous operator. 7. In or about 2020 there were a number of issues with the cladding and the respondent engaged and paid for AusConstruct to rectify these issues as a goodwill gesture. AusConstrcuct were the original installers engaged by Ingenia Lifestyle and / or Parkwood Homes at the time that the home was built in 2016. 8. Since that time further issues and defects have arisen that the applicant seeks for the respondent to also be responsible for rectifying.