Birch and Others v Riverside Village Management Pty Ltd t/as Gateway Lifestyle Riverside Village [2018] NSWCATCD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Birch and Others v Riverside Village Management Pty Ltd t/as Gateway Lifestyle Riverside Village [2018] NSWCATCD 79 Hearing dates: 25 October 2018 Date of orders: 27 November 2018 Decision date: 27 November 2018 Jurisdiction: Consumer and Commercial Division Before: W Priestley, General Member Decision: 1. In RC 18/17394 the respondent, Riverside Village Management Pty Ltd t/as Gateway Lifestyle Riverside Village is to pay the applicants, Douglas and Carmal Birch $12,500, plus costs of $2,200 immediately.

2. In RC 18/18945 the respondent, Riverside Village Management Pty Ltd t/as Gateway Lifestyle Riverside Village is to pay the applicants, Linda and Barry Birch $12,500 plus costs of $2,200 immediately.

3. In RC 18/18957 the respondent, Riverside Village Management Pty Ltd t/as Gateway Lifestyle Riverside Village is to pay the applicants, Spencer Sharpe and Valda Hanshaw $12,000 plus costs of $2,200 immediately. Catchwords: Compensation Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Residential (Land Lease) Communities Act 2013 sections 64, 156 and 157 Cases Cited: BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 JLW (Vic) Pty Ltd v Tsilogou [1994] 1 VR 237 Robinson and Harman (1848) 154 ER 363 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272 Texts Cited: "Principles of Contract Law" Gooley, Radan and Vickovich, LexisNexis Butterworths 2014 3rd edition Category: Principal judgment Parties: In RC 18/17394: Douglas Birch and Carmal Birch (Applicants) Riverside Village Management Pty Ltd t/as Gateway Lifestyle Riverside Village (Respondent)