Griffiths v Sea Change Living NSW Pty Ltd [2023] NSWCATCD 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Griffiths v Sea Change Living NSW Pty Ltd [2023] NSWCATCD 121 Hearing dates: 12 May 2023 Date of orders: 25 September 2023 Decision date: 25 September 2023 Jurisdiction: Consumer and Commercial Division Before: D Moujalli, Senior Member Decision: 1. The increase in site fees stated in the notice dated 18 March 2022 is excessive. 2. The increase in site fees from $314.84 per fortnight to $380 per fortnight which took effect on 25 May 2022 is set aside. 3. The site fees must not exceed $338.77 per fortnight for a period of 12 months commencing from 25 May 2022. 4. The respondent is to refund to the applicant and the home owners listed in the schedule to the application lodged on 3 June 2022 any amount paid to the respondent as site fees in excess of the amount specified in order 3. Catchwords: LEASES AND TENANCIES – residential communities - legislation protecting tenants – outgoing and operating expenses – repairs and improvements to community - whether site fee increase excessive Legislation Cited: Residential (Land Lease) Communities Act 2013 (NSW), ss 4, 67, 69, 71, 73, 74 Cases Cited: Colin Davidson v Seachange Living NSW Pty Ltd [2023] NSWSC 292 Davis v Seachange Living NSW Pty Ltd [2022] NSWCATAP 142 Dualcorp Pty Ltd v Remo Constructions Pty Ltd [2009] NSWCA 69; (2009) 74 NSWLR 190 Gennacker Pty Ltd t/as Homestead Holiday Park v Bennett [2020] NSWCATAP 12 Marsh v Pines Resort Management Pty Ltd [2021] NSWCATCD 127 Walker & Ors v Hampshire (Pambula) Pty Ltd t/as Acacia Ponds [2022] NSWCATCD 204 Texts Cited: Nil Category: Principal judgment Parties: Robert Griffiths (Applicant)