Kaho v Parklea Operations Pty Ltd t/as Myrtle Glen [2022] NSWCATCD 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kaho v Parklea Operations Pty Ltd t/as Myrtle Glen [2022] NSWCATCD 189 Hearing dates: 23 June 2022 Date of orders: 30 September 2022 Decision date: 30 September 2022 Jurisdiction: Consumer and Commercial Division Before: S Sutherland, Tribunal Member Decision: The application is dismissed. Catchwords: LEASES AND TENANCIES – Residential site community – quiet enjoyment – substantial interference with quiet enjoyment Legislation Cited: Residential (Land Lease) Communities Act 2013; ss 38, 157 Cases Cited: Potaczek v Discovery Holiday Parks Pty Ltd [2015] NSWCATCD 129 Advance Fitness v Bondi Diggers [1999] NSWSC 264 Texts Cited: Nil Category: Principal judgment Parties: Margaret Carol Kaho (applicant) Parklea Operations Pty Ltd t/as Myrtle Glen (respondent) Representation: M Preston and Mr Finlayson, authorised to appear for the applicant, and the applicant (applicant)

J Seric, authorised officer of the respondent (respondent) K Rogers, Manager (respondent) File Number(s): RC 22/02688 Publication restriction: Nil

REASONS FOR DECISION 1. This is a claim for compensation pursuant to Section 38 of the Residential (Land Lease) Communities Act 2013 for a loss of quiet enjoyment of site 86 caused by the pooling of water and the installation of a pit and pump to extract the water. Compensation is sought pursuant to Section 157 (1) (e) of the Residential (Land Lease) Communities Act 2013 from 29 October 2021 to 25 November 2021 at the rate of $30 per day; then from 25 November 2021 at the rate of $15 per day until rectification of the pit and pump being no longer required to remove excess water. 2. The claim pursuant to Section 15 (1) (b) of the Residential (Land Lease) Communities Act 2013 is withdrawn.