Magdalena Adamson v Kincumber Nautical Village Pty Ltd [2014] NSWCATCD 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Magdalena Adamson v Kincumber Nautical Village Pty Ltd [2014] NSWCATCD 110 Hearing dates: 11 April 2014 Decision date: 25 June 2014 Before: D Charles, General Member Decision: 1. The Tribunal determines that the weekly rents for the period 3 January 2013 to 2 January 2014 were not excessive and that there was no reduction or withdrawal of services and facilities provided with the residential premises by the respondent. 2. The application for relief under section 56 of the Residential Parks Act, 1998 is dismissed. 3. Pursuant to section 58 of the Residential Parks Act, 1998 the rent payable by the applicant(s) from 3 January 2014 for a period of twelve months from that date is not to exceed the amount per week as set out in the third column of the Table of Weekly Rents in Dispute which is an Annexure to these Reasons. 4. Any amount of rent which has been overpaid as a result of order 3 is to be refunded to the applicant(s). Catchwords: Residential Parks - whether the rents payable by park residents are excessive having regard to a reduction or withdrawal of services and facilities provided with the premises (section 56)

Whether rent increase for 2014 is excessive (section 55) Legislation Cited: Residential Parks Act, 1998 Civil & Administrative Tribunal Act 2013 Category: Principal judgment Parties: Various Residents (applicants) Kincumber Nautical Village Pty Ltd (respondent) File Number(s): RP 13/60918 plus others Publication restriction: Unrestricted