Bavin v Parklea Operations Pty Ltd Trading As Gateway Lifestyle Stanhope Gardens [2018] NSWCATAP 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bavin v Parklea Operations Pty Ltd Trading As Gateway Lifestyle Stanhope Gardens [2018] NSWCATAP 124 Hearing dates: 05 March 2018 Date of orders: 24 May 2018 Decision date: 24 May 2018 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member G Sarginson, Senior Member Decision: (1) The appeal is allowed.

(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 the appellants.

(3) The parties may provide new evidence in the remitted proceedings. Catchwords: APPEAL: residential parks – electricity charges – method of charging for resident's consumption Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential (Land Lease) Communities Act 2013 Residential Parks Act 1998 Residential (Land Lease) Communities Regulation 2015 Residential Parks Regulation 1999 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Emmetlow Pty Ltd t/as Colonial Village v Pomroy [2015] QCATA 131 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Reckless v Silva Properties Pty Ltd t/as Ballina Waterfront Village and Tourist Park [2017] NSWCATCD 57 Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park [2018] NSWCATAP 80 Harrison v Melhem [2008] NSWCA 67; (2008) 72 NSWLR 380 Category: Principal judgment Parties: Brian John Bavin and Ellen Raczkowski (Appellants) Parklea Operations Pty Ltd T/As Gateway Lifestyle Stanhope Gardens (Respondent) Representation: In person (Appellants) B O'Brien, agent (Respondent) File Number(s): AP 17/52560 Publication restriction: No Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 1 December 2017 Before: M McCue, General Member File Number(s): RC 17/32155