Craig v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village & Tourist Park [2018] NSWCATAP 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Craig v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village & Tourist Park [2018] NSWCATAP 79 Hearing dates: 20 November 2017 Date of orders: 03 April 2018 Decision date: 03 April 2018 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member S Frost, Senior Member Decision: (1) The appeal is allowed.

(2) The proceedings are remitted to the Consumer and Commercial Division of the Tribunal to determine:

(a) whether to extend the period of time for the lodgement of the original application to the Tribunal, and

(b) if the period of time is so extended – the monetary amount (if any) to which the Appellant is entitled by way of refund of sewerage charges paid to the Respondent.

(3) The parties may provide new evidence in the remitted proceedings. Catchwords: APPEAL – residential parks – whether sewerage charges are "sanitary charges" – whether a term of an agreement requiring a resident to pay "any excess garbage and sanitary charges" requires the resident to pay all sanitary charges or only excess sanitary charges Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Residential (Land Lease) Communities Act 2013 Residential (Land Lease) Communities Regulation 2015 Residential Parks Act 1998 Residential Parks Regulation 2006 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Principal judgment Parties: Wilma Craig (Appellant)