NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Welch v ZW2 Pty Ltd t/as Lake Munmorah Residential Resort [2019] NSWCATCD 33 Hearing dates: 18 February 2019 Date of orders: 29 March 2019 Decision date: 29 March 2019 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: The orders sent to you on 29 March 2019 have been amended under Section 63 of the NSW Civil and Administrative Tribunal Act 2013 and should read as follows: (1) ZW2 Pty Ltd trading as Lake Munmorah Residential Resort is not to interfere in the sale of the home belonging to Beverley Welch and Brian Welch and erected on site 114.
(2) ZW2 Pty Ltd trading as Lake Munmorah Residential Resort is, on or before 14 April 2019 to pay to Beverley Welch and Brian Welch the sum of $6671.71 being a refund of site fees for the period 21 June 2018 to 18 February 2019.
(3) Site fees for site 114 are to abate from 19 February 2019 to the date of completion of a sale of the home on site 114.
(4) ZW2 Pty Ltd trading as Lake Munmorah Residential Resort is, on or before 14 April 2019 to pay to Beverley Welch and Brian Welch the sum of $7585.00 being compensation for interest foregone on the balance proceeds of sale to 18 February 2019, and continuing from 19 February 2019 at a rate of $31.214 per day up until the date of completion of a sale of the home on site 114.
(5) The applicants may at any time up until 30 June 2019 request the relisting of this application to quantify the amount of compensation payable pursuant to order 4, and to quantify any other losses arising from the respondent's interference in the sale of the home on site 114. Catchwords: RESIDENTIAL (LAND LEASE) COMMUNITIES ACT: Interference in sale, compliance with Local Government Act, compensation Legislation Cited: Local Government Act 1993 Residential (Land Lease) Communities Act 2013 Category: Principal judgment Parties: Beverley Welch and Brian Welch (Applicants) ZW2 Pty Ltd t/as Lake Munmorah Residential Resort (Respondents) Representation: Dianna Evans (Tenants advocate) (Applicants) Belinda Lees (Respondent) File Number(s): RC 18/42134 Publication restriction: Unrestricted
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