Taylor v Australian Community Villages Pty Ltd: Ashforth v Australian Community Villages Pty Ltd [2023] NSWCATCD 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taylor v Australian Community Villages Pty Ltd: Ashforth v Australian Community Villages Pty Ltd [2023] NSWCATCD 92 Hearing dates: 3 April 2023 Date of orders: 18 August 2023 Decision date: 18 August 2023 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: (1) Application RC 22/54519 is dismissed. (2) In application RC22/55224 the Tribunal declares that for the home owners of homes located in the Australian Community Villages Bass Hill: (a) the site agreements that provide for the increase of site fees by notice (otherwise than by a fixed method): (i) that the increase of site fees to take effect on 5 December 2022 are excessive; and, (ii) that the increase of site fees is set aside; and, (iii) Operator must either refund to the Owners or give a credit for site fees overpaid since 5 December 2022. (b) for the site agreements that permit site fee increases by a fixed method, the application is dismissed. Catchwords: LANDLORD AND TENANT- residential parks –– electricity charges – method of charging for a resident's consumption of electricity – whether resident has been overcharged-whether site fee increase is excessive-fixed increase- otherwise than a fixed method Legislation Cited: Residential (Land Lease) Communities Act 2013 (NSW) ss 66, 67, 69, 71. 73, 74, 156 &157 Civil and Administrative Act 2013 (NSW); ss 28 & 41 Residential (Land Lease) Communities Regulations 2015; Sch 3 Cases Cited: Colin Davidson v Seachange Living NSW Pty Ltd [2023] NSWSC 292 Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village & Tourist Park [2018] NSWCATAP 80 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Sunrise Property Holdings Pty Ltd v Gregg [2019] NSWCATAP 253 (10 October 2019) Meatheringham v Gateway Redhead Operations [2019] NSWCATCD 34 (11 March 2019) Burgess v Aspen Living Villages Pty Ltd trading as Barling Beach Beach Holiday Park [2021] NSWCATCD (unreported) Texts Cited: None Category: Principal judgment Parties: In RC 22/55224: Wayne Taylor (Applicant) Australian Community Villages Pty Ltd (Respondent)