Christina Mary Steel & Ors v Sea Winds Village Pty Ltd [2015] NSWCATAP 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Christina Mary Steel & Ors v Sea Winds Village Pty Ltd [2015] NSWCATAP 166 Hearing dates: 29 April 2015 Date of orders: 12 August 2015 Decision date: 12 August 2015 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member K Rosser, Senior Member Decision: 1.The appeal be allowed. 2.The decision of the Tribunal below be set aside. 3.Remit the proceedings to the Tribunal below for the making of final orders in accordance with the construction of the rent review clause as found on appeal and for the determination of any remaining dispute concerning the rent increases notified in October 2014 the subject of these proceedings. Catchwords: Appeal – residential site agreements - construction of CPI rent review clause – whether applies in continuation stage after expiry of any fixed term. Legislation Cited: Residential Parks Act 1998 (NSW); Civil and Administrative Tribunal Act Residential Parks Regulation 2006 Residential Tenancies Act 2010 (NSW) Cases Cited: Amad v Grant [1947] 74 CLR 327 Strathmore & Anor v Kathryn Emerson t/as The Rocks Village [2014] NSWCATAD 104 Texts Cited: Butt, Land Law 10th ed Category: Principal judgment Parties: Christina Steel & Ors (applicants) Sea Winds Pty Ltd (respondent) Representation: CM Steel, Appellant (unrepresented) Mr Tarmansky, Respondent (unrepresented) File Number(s): AP 15/10502 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2015] NSWCAT Date of Decision: 6 February 2015 Before: J McMillan, General Member File Number(s): RP 14/40628