PINE NEEDLES VILLAGE PTY LTD v DRYDEN & ORS [2002] NSWSC 263

119 LGERA 430 Reported Decision : 54 NSWLR 577 (2003) NSW ConvR 56-041

New South Wales Supreme Court

CITATION : PINE NEEDLES VILLAGE PTY LTD v DRYDEN & ORS [2002] NSWSC 263 CURRENT JURISDICTION: Common Law Division Administrative Law List FILE NUMBER(S) : SC 30041/00 HEARING DATE(S) : 9 July 2001 JUDGMENT DATE : 5 April 2002

Pine Needles Village Pty Limited (Plaintiff)

v PARTIES : Patricia Dryden (First Defendant) Residential Tribunal (Second Defendant) Tenancy Commissioner (Third Defendant) JUDGMENT OF : Adams J at 1

LOWER COURT Residential Tribunal JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

Mr Wales SC (Plaintiff) COUNSEL : Ms J Needham (First Defendant) Mr J Trebeck (Third Defendant) Kemp Strang (Plaintiff) SOLICITORS : Kim Cull (First Defendant) I V Knight (Second Defendant) C L Pacey (Third Defendant) CATCHWORDS : Residential Parks Act 1998 - Meaning of "exscess water charge" and "water consumption charge" - whether owner can pass on excess water charge to resident. LEGISLATION CITED : Residential Parks Act 1998 DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION/ ADMINISTRATIVE LAW list

ADAMS J

FRIDAY 5 APRIL 2002

30041/00

PINE NEEDLES VILLAGE PTY LTD v PATRICIA DRYDEN & ORS JUDGMENT

1 HIS HONOUR: The first defendant, Mrs Dryden, is a resident of Pine Needles Village (the village), which is operated by the plaintiff. The village is a Residential Park within the meaning of s 3(d) of the Residential Parks Act 1998 (the Act; all legislative references are to this Act) in that it is a "manufactured home estate" rather than a "caravan park" in the traditional sense. The plaintiff rents to the defendant a manufactured home on a site in the "estate". Services such as electricity, sewerage and, relevantly, water, are connected to the home. 2 A number of the residents of the estate sought orders from the Residential Tribunal for repayment of water usage charges that had been imposed by the plaintiff on them. Mrs Dryden is a representative defendant on behalf of each of these residents. So far as is presently relevant, the residential site agreement (the agreement) between the residents and the plaintiff provides – "4. The Landlord agrees to pay: -