Stewart v Raythel Holdings Pty Ltd t/as Colonial Tweed Holiday Home Park [2019] NSWCATCD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stewart v Raythel Holdings Pty Ltd t/as Colonial Tweed Holiday Home Park [2019] NSWCATCD 48 Hearing dates: 27 March 2019 Date of orders: 02 May 2019 Decision date: 02 May 2019 Jurisdiction: Consumer and Commercial Division Before: W Priestley, General Member Decision: 1. The applications were commenced within time.

2. The respondent is not entitled to charge the applicants an amount that is more than the amount charged by its electricity provider who is providing the electricity service for the quantity of the service supplied to or used at the applicants' residential sites.

3. The respondent cannot impose a Service Availability Charge on the respondents in respect to the supply to, or usage of electricity at, the applicants' residential sites, where such a charge results in the applicants being charged an amount which is more than the amount charged by the respondent's service provider for the quantity of electricity supplied to or used at the applicants' residential sites.

4.1 The parties are directed to attempt agreement as to the amount of money due to each applicant for the period 3 April 2018 to 30 April 2019.

4.2 Should agreement be reached by 17 May 2019, the parties are to lodge with the Registry a schedule setting out the agreed amounts on or before 24 May 2019.

4.3 Should no agreement be reached by 17 May 2019, the applicants are to lodge a schedule of their calculations with the Registry by 24 May 2019, and the respondents are to lodge a schedule of their calculations by 31 May 2019. Legislation Cited: Civil and Administrative Tribunal Act section 41 Civil and Administrative Tribunal Rules Rule 23 (3) Limitation Act 1969 NSW - section 14 Residential Land Lease Communities Regulation NSW schedule 3 Residential (Land Lease) Communities Act NSW sections 77, 85, 156 and 157 Cases Cited: Palmer v Blue Circle Southern Cement Pty Ltd [1999] NSWSC 697 Reckless and Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park (No. 2) [2018] NSWCATCD 59 Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park [2017] NSWCATCD 57 Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park [2018] NSWCATAP 80 (3 April 2018) Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park v Reckless [2018] NSWSC 1343 David Holdings Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 Category: Principal judgment Parties: George William Stewart & 25 others (Applicants) Raythel Holdings Pty Ltd t/as Colonial Tweed Holiday Home Park (Respondent) Representation: Mr Bennett (ARPA) (Applicant) Mr Gates (Director) (Respondent) File Number(s): RC 18/50388 and others Publication restriction: Nil