Silva Portfolios Pty Ltd trading as Ballina Waterfront Village & Tourist Park v Reckless [2018] NSWSC 1343

Supreme Court New South Wales

Medium Neutral Citation: Silva Portfolios Pty Ltd trading as Ballina Waterfront Village & Tourist Park v Reckless [2018] NSWSC 1343 Hearing dates: 17 August 2018 Date of orders: 04 September 2018 Decision date: 04 September 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) Leave to appeal from the decision of the Appeal Panel of the Civil and Administrative Tribunal given on 3 April 2018.

(2) Dismiss the appeal.

(3) Dismiss the Amended Summons.

(4) The plaintiff is to pay the defendant's costs. Catchwords: APPEAL – appeals to the court – appeal from Appeal Panel of Civil and Administrative Tribunal – statutory interpretation – residential parks – method by which park operator charged residents for electricity consumption – whether operator breached Residential (Land Lease) Communities Act 2013 s 77(3) – where utility service provider is a 'designated retailer' but park operator is not a standing offer customer – National Energy Retail Law (NSW) s 22 – National Energy Retail Law (Adoption) Regulation 2013 (NSW) cl 50 – whether operator could on-sell electricity at a price higher than it was charged by the provider so long as it did not exceed standing offer prices Legislation Cited: National Energy Retail Law (NSW) ss 22, 37C National Energy Retail Law (Adoption) Act 2012 (NSW) ss 4, 12, sch 1 National Energy Retail Law (Adoption) Regulation 2013 (NSW) cll 5, 6, 50, 52 National Energy Retail Law (Adoption) Amendment (Retail Price Deregulation) Regulation 2014 (NSW) sch 2, cll 3, 5 National Energy Retail Law (South Australia) Act 2011 (SA) Residential (Land Lease) Communities Act 2013 (NSW) ss 6, 77, 78, sch 2 Residential (Land Lease) Communities Regulation 2015 (NSW) cl 6, 13 Residential Parks Act 1998 (NSW) Cases Cited: Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503; [2012] HCA 55 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village & Tourist Park [2018] NSWCATAP 80 Zelden v Sewell; Henamast Pty Ltd v Sewell [2011] NSWCA 56 Texts Cited: Nil Category: Principal judgment Parties: Silva Portfolios Pty Ltd trading as Ballina Waterfront Village & Tourist Park (Plaintiff) Margaret Reckless (Defendant) Representation: Counsel: J Mack (Plaintiff) P Batley (Defendant)