NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Maher v The Pines Resort Management Pty Ltd T/as Gateway Lifestyle The Pines; Marsh v The Pines Resort Management Pty Ltd T/as Gateway Lifestyle The Pines [2018] NSWCATCD 35 Hearing dates: 1 May 2018 Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Consumer and Commercial Division Before: G.J. Sarginson, Senior Member Decision: Matter RC 18/01004
(1) The increase in site fees contained in the site fee increase notice dated 19 October 2017 is excessive.
(2) The amount of the increase is reduced to the amount determined by application of the following formula:
(a) Increase equals site fee at date of notice x 2.2%
(4) The site fees for each affected home owner must not exceed the amount calculated by application of the formula in Order 2, from 20 October 2017 to 19 October 2018.
(5) This order applies to all affected home owners in the community (other than those who opt out).
(6) The operator of the residential community is to refund any affected owners any amount that has been paid in excess of Order 2 on or before 28 days from the date of this decision.
Matter RC 17/45603
(1) The application is dismissed. Catchwords: RESIDENTIAL (LAND LEASE) COMMUNITIES – Site fee increase – Whether notice of site fee increase valid – Whether site fee increase excessive Legislation Cited: Civil and Administrative Tribunal Act 2015 Interpretation Act 1987 Residential (Land Lease) Communities Act 2013 Cases Cited: Edmonds v Paultrus Pty Ltd [2016] NSWCATCD 55 Hampton Court Pty Ltd v Crooks [1957] HCA 28; (1957) 97 CLR 367 Harrison v Melhem [2008] NSWCA 67; (2008) 72 NSWLR 380 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 S & G Homes Pty Ltd t/as Pavilion Homes v Owen [2015] NSWCATAP 190 Wall v Baclon Pty Ltd (Matter RP 12/24833, unreported, 20 June 2012) Category: Principal judgment Parties: Matter RC 17/45603 Applicant: Mr P. Maher Respondent: The Pines Resort Management Pty Ltd t/as Gateway Lifestyle The Pines
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate