Dalgleish v Henry & Tolson T/A Teraglin Lakeshore Home Village [2018] NSWCATCD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dalgleish v Henry & Tolson T/A Teraglin Lakeshore Home Village [2018] NSWCATCD 18 Hearing dates: 6 March 2018 Decision date: 13 June 2018 Jurisdiction: Consumer and Commercial Division Before: S Hanstein, General Member Decision: Within 21 days of the date of this decision, the respondent is to provide the applicant with reasonable access to the electricity accounts issued to the respondent by its electricity service provider, for the 12 month period up to 6 March 2018. Legislation Cited: Residential (Land Lease) Communities Act 2013 Cases Cited: Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village & Tourist Park [2018] NSWCATAP 80 Texts Cited: None Category: Principal judgment Parties: Charles Dalgleish (applicant) Yvonne A Henry & Maxwell N Tolson T/A Teraglin Lakeshore Home Village (respondent) Representation: Applicant in person Mr Tarnawsky for the respondent File Number(s): RC 17/48615 Publication restriction: Nil

reasons for decision 1. The applicant seeks, pursuant to section 83 of the Residential (Land Lease) Communities Act 2013 ("Act"), an order allowing reasonable access to the respondent's electricity bills. That section provides: 83 Access to information about utility charges The operator of a community must provide a home owner with reasonable access to bills or other documents in relation to utility charges payable by the home owner to the operator. Maximum penalty: 10 penalty units. 1. The phrase "utility charge" means the usage charge or service availability charge for the provision of a utility, which includes electricity (s 4 of the Act).