Myles & O’Halloran v Holiday Retreats-Rivergum Pty Ltd trading as Rivergum Holiday Retreat [2017] NSWCATCD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Myles & O'Halloran v Holiday Retreats-Rivergum Pty Ltd trading as Rivergum Holiday Retreat [2017] NSWCATCD 25 Hearing dates: 17 February 2017 Date of orders: 21 February 2017 Decision date: 21 February 2017 Jurisdiction: Consumer and Commercial Division Before: J Lynch, General Member Decision: On 17-Feb-2017 the following orders were made:

1 The Tribunal orders pursuant to section 157 (1)(b) that the Operator on or before 1 March 2017 comply with an obligation under section 83 and in particular provide to the Home Owner a copy of the utility bills commencing with and including the bill issued in January 2017 and for the preceding twelve months in non-redacted form in relation to utility charges payable by the home owner to the operator without a fee but on payment of a photocopying charge calculated at commercial rates. Legislation Cited: Residential (Land Lease) Communities Act 2013 NSW (" RLLC Act") Category: Principal judgment Parties: Robert Myles and Glenda O'Halloran v Holiday Retreats-Rivergum Pty Ltd trading as Rivergum Holiday Retreat File Number(s): RC 16/46671 Publication restriction: Nil

Reasons for Decision 1. The applicants Robert Myles and Glenda O'Halloran ("Home Owner") applied to NCAT on 17 October 2016 for access to relevant electricity bills and an order for recovery of money or an order resolving a dispute regarding electricity charges from the respondent Holiday Retreats- Rivergum Pty Ltd trading as Rivergum Holiday Retreat ("Operator").

Jurisdiction 1. The New South Wales Civil and Administrative Tribunal (NCAT") has jurisdiction under the Residential (Land Lease) Communities Act 2013 NSW (" RLLC Act"). The parties commenced a Residential Site Agreement for Site (---) at Rivergum Caravan Park on 18 May 1997. The RLLC Act applies to the site agreement. Neither party raised any issue about jurisdiction. The copy of the Site agreement submitted by the Home Owner is illegible but nothing turns on it in this case. 2. Section 6 RLLC Act provides; Application of Act to site agreements (1) This Act applies to all site agreements, whether existing immediately before or coming into existence after the commencement of this section, unless a provision of or under this Act provides otherwise. (2) Where this Act applies to a site agreement, it so applies despite the terms of the agreement or any other contract, agreement or arrangement, whether made before or after the commencement of this section. (3) This Act applies to a site agreement until it is terminated in accordance with this Act.