Myles v Holiday Retreats Australia Pty Ltd t/as Rivergum Holiday Park (No. 2) [2018] NSWCATCD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Myles v Holiday Retreats Australia Pty Ltd t/as Rivergum Holiday Park (No. 2) [2018] NSWCATCD 78 Hearing dates: On the papers Date of orders: 23 November 2018 Decision date: 23 November 2018 Jurisdiction: Consumer and Commercial Division Before: D G Charles, Senior Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), in respect of the claim by the applicants for a refund from the respondent of electricity usage charged to the applicants for the period from 15 January 2016 to 21 September 2017, the Tribunal dispenses with a hearing requiring the parties to be present and proceeds to determine the applicants' claim for a refund on the basis of the papers lodged with the Tribunal by the parties in accordance with the Tribunal's orders made on 1 May 2018, 4 June 2018, and 5 September 2018;

2. Within 28 days of the date of these orders, the Tribunal orders that the respondent, Holiday Retreats Australia Pty Ltd t/as Rivergum Holiday Park is to pay the applicants, Robert Myles and Glenda O'Halloran, the sum of $1,645.53.

3. Save for order 2 above and order 1 made on 1 May 2018, the application is otherwise dismissed. Catchwords: RESIDENTIAL COMMUNITIES – appropriate relief in respect of electricity usage charged to home owner by Park operator other than in compliance with the legislation Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Residential (Land Lease) Communities Regulation 2015 (NSW) Cases Cited: Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village & Tourist park [2018] NSWCATAP 80 (3 April 2018) Silva Portfolios Pty Ltd trading as Ballina Waterfront Village & Tourist Park v Reckless [2018] NSWSC 1343 (4 September 2018) Category: Principal judgment Parties: Robert Myles (First Applicant) Glenda O'Halloran (Second Applicant) Holiday Retreats Australia Pty Ltd t/as Rivergum Holiday Park (Respondent) Representation: T Steers (Applicants) P Smith (Respondent) File Number(s): RC 17/32008 Publication restriction: Unrestricted