Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village & Tourist Park [2018] NSWCATAP 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village & Tourist Park [2018] NSWCATAP 80 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 in part.

(2) The proceedings are remitted to the Consumer and Commercial Division of the Tribunal to determine the amount of electricity charges, if any, to be refunded to Mrs Reckless.

(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 – electricity charges – method of charging for a resident's consumption of electricity – whether resident has been overcharged Legislation Cited: Civil and Administrative Tribunal Act 2013 National Energy Retail Law (Adoption) Act 2012 National Energy Retail Law (NSW) National Energy Retail Law (South Australia) Act 2011 (SA) Residential (Land Lease) Communities Act 2013 Residential (Land Lease) Communities Regulation 2015 Residential Parks Act 1998 Residential Parks Regulation 2006 Cases Cited: Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55 Texts Cited: Fact Sheets published by NSW Fair Trading in April 2017 – 'Utilities and other charges' and 'Land lease community utilities' Retail Exempt Selling Guideline v4, published by the Australian Energy Regulator in March 2016 Category: Principal judgment Parties: Margaret Reckless (Appellant)