Walker & Ors v Hampshire (Pambula) Pty Ltd t/as Acacia Ponds [2022] NSWCATCD 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Walker & Ors v Hampshire (Pambula) Pty Ltd t/as Acacia Ponds [2022] NSWCATCD 204 Hearing dates: 10 November 2022 Date of orders: 16 November 2022 Decision date: 16 November 2022 Jurisdiction: Consumer and Commercial Division Before: G Ellis SC, Senior Member Decision: 1. From 7 August 2022, the site fee payable for the affected residents, whose names appear in the first column in Appendix 1, should not exceed the amount shown under the heading "Revised site fee", in the final column of that appendix. Catchwords: LAND LAW – Residential communities – Whether site fee increase excessive Legislation Cited: Residential (Land Lease) Communities Act 2013 (NSW), s 4, s 67, s 69, s 71, s 72, s 73, s 74 Cases Cited: Australian Securities and Investments Commission v Hellicar [2012] HCA 17 Jagatramka v Wollongong Coal Ltd [2021] NSWCA 61 Precision Plastics Pty Ltd v Demir [1975] HCA 27 Category: Principal judgment Parties: Applicants – Julie Walker and Margaret Nicoll Respondent – Hampshire (Pambula) Pty Ltd t/as Acacia Ponds Representation: Applicants – In person Respondent – Mr R Black File Number(s): RC 22/33960 Publication restriction: Nil

Reasons for decision

Outline 1. A collective application, dated 19 July 2022 and received by the Tribunal on 22 July 2022, indicated that it was made by the applicants as representatives of 22 affected lot owners in a residential community located at Pambula that is operated by the respondent. 2. The orders sought were a declaration that the increase in site fees was excessive and that the site fees be reduced by a specified amount. Appendix 1 contains the names of those 22 affected lot owners together with other details, as indicated in these reasons. 3. Having considered the evidence and submissions, the Tribunal determined that the increase in site fees was excessive, and the site fees should be reduced to the amounts set out in the final column in Appendix 1.