Craig v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village [2017] NSWCATCD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Craig v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village [2017] NSWCATCD 71 Hearing dates: 27 July 2017 Decision date: 18 August 2017 Jurisdiction: Consumer and Commercial Division Before: W Priestley, General Member Decision: 1. The application is dismissed. Catchwords: Sewerage charge Legislation Cited: Residential ( Land Lease) Communities Act 2015 Residential Parks Act 1998 Cases Cited: Reckless v Silva Pty Ltd NSWCAT 3 August 2017 Parsons v Oaklands Village (Residential Parks) [2006] NSWCTT 223 910 January 2006 Category: Principal judgment Parties: Wilma Craig – applicant Silva Portfolios Pty Ltd t/as Ballina Waterfront Village - respondent Representation: Ms Flowers, Northern Rivers Tenants Advisory and Advocacy Service for the applicant Ms Barry,Solicitor, Heydons Lawyers, for the respondent File Number(s): RC 17/23503 Publication restriction: Nil

reasons for decision

The application 1. The applicant seeks an order that a sewerage charge imposed on her by the respondent from 10 December 2015 is unlawful, and a refund of the sewerage charges she has paid.

Jurisdiction 1. The Tribunal has jurisdiction to hear and determine the application under section 157 of the Residential (Land Lease) Communities Act ("the Act") and sections 28 and 29 of the Civil and Administrative Tribunal Act 2013.

Background 1. The essential facts are not in dispute, rather the interpretation of the transitional provisions of the Act, and the effect of a term about sanitary charges in the site agreement between the parties, are in dispute. 2. In the application of Reckless v Silva Pty Ltd RC 17/11073 published 3 August 2017, the relevant facts were almost identical, and the Tribunal found the sewerage charges were valid, then dismissed Ms Reckless' application for re-payment of them.