Bavin v Parklea Operations Pty Ltd [2019] NSWCATAP 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bavin v Parklea Operations Pty Ltd [2019] NSWCATAP 120 Hearing dates: 16 January 2018 Date of orders: 09 May 2019 Decision date: 09 May 2019 Jurisdiction: Appeal Panel Before: S. Higgins. Senior Member D. Goldstein. Senior Member Decision: (1) Appeal allowed in part. (2) The decision of the Tribunal to dismiss the remainder of the applicants' claim for compensation is set aside. (3) To the extent necessary time is extended within which the appellants are to lodge their claim under s 85 of the Residential (Land Lease) Communities Act 2013. (4) The appellants' claim under s 85 of the of the Residential (Land Lease) Communities Act 2013 is remitted to the Tribunal below for reconsideration, with further evidence in accordance with these reasons for decision. Catchwords: APPEALS – residential parks – electricity charges – recovery of amounts paid by home owners for electricity that exceeded the amount the operator was permitted to charge – time within which the home owner is to bring his or her claim for recovery – how the exceeded amount is to be calculated Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Rules 2014(NSW) Residential (Land Lease) Communities Act 2013 (NSW) Residential (Land Lease) Communities Regulation 2015 (NSW) Residential Parks Act 1998 (NSW) (repealed) Cases Cited: Bavin v Parklea Operations Pty Ltd Trading As Gateway Lifestyle Stanhope Gardens [2018] NSWCATAP 124 Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54 Gallagher v Masters Installation Pty Ltd [2017] NSWCATAP 117 JLW (Vic) Pty Ltd v Tsiloglou and Others [1994] VicRp 16; [1994] 1 VR 237 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Jones v. Schiffmann [1971] HCA 52; (1971) 124 CLR 303 Moloney v Taylor [2016] NSWCA 199 Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park [2018] NSWCATAP 80 Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park (No. 2) [2018] NSWCATCD 59 Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park v Reckless [2018] NSWSC 1343 Tuck v White [2016] NSWCATAP 132 Texts Cited: Nil Category: Principal judgment Parties: Brian Bavin and Ellen Raczkowski (Appellants) Parklea Operations Pty Ltd (Respondent) Representation: Appellants – Self Represented) Respondents – Self Represented File Number(s): AP18/43952 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Nil Date of Decision: 3 October 2018 Before: Senior Member Thode File Number(s): RC 18/23674