Hoey v Hometown Australia Lennox Pty Ltd [2022] NSWCATCD 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hoey v Hometown Australia Lennox Pty Ltd [2022] NSWCATCD 200 Hearing dates: 8 November 2022 Date of orders: 28 November 2022 Decision date: 28 November 2022 Jurisdiction: Consumer and Commercial Division Before: W Priestley, Tribunal Member Decision: (1) The respondent's name is amended to Hometown Australia Lennox Pty Ltd. (2) Under section 157 (1) (b) and (j) of the Residential (Land Lease) Communities Act ("the Act"), the respondent is ordered to comply with its obligation under section 109 (5) of the Act by reducing the amount of weekly site fees in the site agreement between the parties signed by the applicants on 28 September 2021 ("the agreement"), so they do not exceed $174.90 from the commencement of the agreement, except as adjusted by the annual increase method in the agreement. (3) Under section 157 (1) (d) of the Act, within 28 days of the date of these orders, the respondent is to refund to the applicant the amount the applicant has paid in site fees in excess of $174.90, as adjusted by the annual increase method in the agreement. (4) Should there be any dispute as to the calculation of the amount ordered to be refunded in Order 2, or the implementation of these orders, the parties may request the Registrar to re-list the matter. Catchwords: Site fees; fair market value Legislation Cited: Residential (Land Lease) Communities Act - Sections 4, 12, 104, 109, 110, 115, and 157 Cases Cited: Hometown Australia Lennox Pty Limited v Debra Bullivant [2022] NSWCATAP 161 (17 May 2022) Loughton v Hometown Lennox Pty Ltd [2021] NSWCATCD 19 October 2021; Henderson v Hometown Lennox Pty Ltd [2022] NSWCATCD 19 April 2022 Category: Principal judgment Parties: Ross and Denise Hoey – applicant Hometown Australia Lennox Pty Ltd - respondent Representation: K Wright represented the applicant L Toussaint represented the respondent File Number(s): RC 22/33571 Publication restriction: NIL