Devine v The Retreat Village Pty Ltd [2023] NSWCATCD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Devine v The Retreat Village Pty Ltd [2023] NSWCATCD 71 Hearing dates: 3 May 2023 Date of orders: 27 July 2023 Decision date: 27 July 2023 Jurisdiction: Consumer and Commercial Division Before: J Searson, General Member Decision: (1) The application is dismissed. Catchwords: RESIDENTIAL (LAND LEASE) COMMUNITIES —whether refusal of consent for solar installation "unreasonable". Legislation Cited: Civil and Administrative Tribunal Act 2013 Environmental Planning and Assessment Act 1979 Local Government Act 1993 Residential (Land Lease) Communities Act 2013 Interpretation Act 1987 Texts Cited: The Cambridge Dictionary (online) Category: Principal judgment Parties: Ross Devine (Applicant)

The Retreat Village Pty Ltd t/as The Retreat Port Macquarie (Respondent) Representation: Applicant (Self Represented)

Mr Page and Mr O'Connor (Respondent) File Number(s): RC 23/01114 Publication restriction: Unrestricted

REASONS FOR DECISION

APPLICATION 1. The applicant ("homeowner") seeks orders pursuant to s 42(4) of the Residential (Land Lease) Communities Act 2013 (NSW) ("RLLC") requiring the respondent ("operator") to give consent to the installation of a solar system on the applicant's home. 2. The respondent opposes the application.

Background 1. The applicant entered into a Residential Site agreement with the respondent on or about 3 August 2021. 2. The respondent in this matter is an "operator" as defined in s 4 of the RLLC and operates the community known as "The Retreat Port Macquarie" ("the community") and situated at 3 Lincoln Road, Port Macquarie NSW. 3. The applicant is a "homeowner" as defined in s 4 of the RLLC and occupies site 3 within the community ("the site"). 4. The dispute in this matter is in relation to the giving of consent to the installation of a solar system on the applicant's home.