Tork v Parklea Operations Pty Limited t/as Gateway Lifestyle Residential Park – Stanhope Gardens [2019] NSWCATAP 299

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tork v Parklea Operations Pty Limited t/as Gateway Lifestyle Residential Park – Stanhope Gardens [2019] NSWCATAP 299 Hearing dates: 20 November 2019 Date of orders: 18 December 2019 Decision date: 18 December 2019 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member L Wilson, Senior Member Decision: (1) The appeal is dismissed. (2) If any party seeks a costs order, the applicant for costs ("costs applicant") must file and serve any costs application, including submissions and any evidence in support, within 14 days of the date of these Orders (3) Any respondent to the costs application is to file and serve any submissions and evidence in reply within 14 days thereafter. (4) The costs applicant is to file any submissions in reply within 7 days after receipt of the respondent's submissions and evidence. (5) Any submissions are to include submissions on the issue of whether an order should be made pursuant to s.50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), dispensing with a hearing of the costs application. Catchwords: APPEALS – residential parks – electricity charges – recovery of amounts paid by homeowners for electricity that exceeded the amount the operator was permitted to charge – proper construction of s.77 of the Residential (Land Lease) Communities Act 2013 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Residential (Land Lease) Communities Regulation 2015 (NSW) Cases Cited: Silva Portfolios Pty Ltd t/as Ballina Waterfront Village & Tourist Park v Reckless [2018] NSWSC 1343 Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village & Tourist Park [2018] NSWCATCD 59 Stewart v Raythel Holdings Pty Ltd t/as Colonial Tweed Holiday Home Park [2019] NSWCATCD 48 Texts Cited: None Category: Principal judgment Parties: Victoria Tork (First Appellant) The eleven people from Schedule 1 and one person each from Schedules 2, 3, and 4 named in the attached Schedule hereto (Second – Fifteenth Appellant) Parklea Operations Pty Limited t/as Gateway Lifestyle Residential Park – Stanhope Gardens (Respondent) Representation: Counsel: P. Batley (Appellants) J. Mack (Respondent)