Coorey v Pacific Gardens Mobile Homes trading as Pacific Gardens Van Village [2010] NSWDC 125

New South Wales District Court

CITATION: Coorey v Pacific Gardens Mobile Homes trading as Pacific Gardens Van Village [2010] NSWDC 125

HEARING DATE(S): 17 June 2010

JUDGMENT DATE: 1 July 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) The appeal is dismissed. 2) The orders of Chairperson Ransome in the Consumer Trader and Tenancy Tribunal of 29 September 2009 are confirmed, namely: a) The respondent is to comply with clause 6 of the residential site agreement and is to pay the park owner for electricity charges, including the service availability charge calculated at 70% of local standard retail supplier's service availability charge. DECISION: b) The respondent is to pay the applicant the sum of $217.87 on or before 15 October 2009. 3) The period for payment provided for in Order 2 is extended to 30 July 2010. 4) The Exhibits are returned. 5) My reasons are published.

CATCHWORDS: CONTRACT - Caravan park - Supply of electricity to residents - Appeal from Consumer, Trader and Tenancy Tribunal

Electricity Act 1945 LEGISLATION CITED: Electricity Supply Act 1995 Residential Parks Act 1998

TEXTS CITED: Customer Service Standards for the Supply of NSW Department of Commerce, Electricity to Permanent Residents of Residential Parks, 2006 NSW Department of Energy, Code of Practice for Electricity Supply to Long–Term Residents of Caravan Parks, 1995

PARTIES: Francis Coorey (Plaintiff) Pacific Gardens Mobile Homes trading as Pacific Gardens Van Village (Defendant)

FILE NUMBER(S): 2009/00332940 (Previously 302/09)