NSW Caselaw
New South Wales Supreme Court
CITATION : The Randy River Health and Beauty Aid Co Pty Limited trading as Middle Rock Village Park v Consumer Trader & Tenancy Tribunal & Ors [2007] NSWSC 1142
HEARING DATE(S) : 12/10/2007
JUDGMENT DATE : 18 October 2007
JUDGMENT OF : Associate Justice Malpass
DECISION : The Summons is dismissed. The plaintiff is to pay the costs of the Summons.
CATCHWORDS : Residential park - factors to be considered in determining whether an increase of rent is excessive - role of s 57 of the Residential Parks Act
Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Legal Profession Act 2004 (NSW) LEGISLATION CITED : Limitation Act 1969 (NSW) Residential Parks Act 1998 (NSW) Residential Tenancies Tribunal Act 1986 (NSW)
CASES CITED : Kilpatrick v Gresser BC8701375, 13/05/1987, unreported, NSWSC
The Randy River Health and Beauty Aid Co Pty Limited trading as Middle Rock Village Park (Pl) PARTIES : Consumer Trader & Tenancy Tribunal (1st Def) Mr Robert Russell (40th Def as representative of the 2nd to 53rd Def's)
FILE NUMBER(S) : SC 30040/07
COUNSEL : Mr G. W. McGrath (Pl) Ms P. A. Horvath (40th Def as representative of 2nd to 53rd Def's)
Tesoriero Henderson Cotter (Pl) SOLICITORS : Crown Solicitor (1st Def) (submitting appearance) Tenants' Union of NSW Co-op Ltd (2nd to 53rd Def's)
LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal
LOWER COURT FILE NUMBER(S) : RP 06/37332
LOWER COURT JUDICIAL OFFICER : Tribunal Member Moore
LOWER COURT DATE OF DECISION : 20 October 2006
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