Meatheringham v Gateway Redhead Operations [2019] NSWCATCD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Meatheringham v Gateway Redhead Operations [2019] NSWCATCD 34 Hearing dates: 16 January 2019 Date of orders: 11 March 2019 Decision date: 11 March 2019 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: (1) Where the claimed increase in site fees exceeds $4.50 per week it is excessive.

(2) The site fees for each affected home owner must not exceed the amount of the existing site fees plus $4.50, from 7 September 2018 until 6 September 2019.

(3) This order applies to all affected home owners in the community (other than those who opt out). Catchwords: RESIDENTIAL (LAND LEASE) COMMUNITIES- rent increase- excessive rent increase - Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential (Land Lease) Communities Act 2013 Category: Principal judgment Parties: Pam Meatheringham and Anne Davy (Applicants) Gateway Redhead Operations (Respondent) Representation: Applicants (self-represented) Jamie Brown and Angela Sweetman (Respondent) File Number(s): RC 18/40701 Publication restriction: Unrestricted

Reasons for decision

Application 1. By notice dated 21 June 2018 given to each of the home owners in the respondent's park, the respondent gave notice of an intended increase in site fees for each site, to commence from 07 September 2018. The increase sought from each resident varied between $4.50 and $7.40 per week. The home owners who are participants in these proceedings objected to the increase. Mediation was attempted but was unsuccessful. The applicants ("home owners") seek an order that the rent increase is excessive. The respondent ("operator") opposes the order sought.