Myles & O’Halloran v Holiday Retreats-Rivergum Pty Ltd trading as Rivergum Holiday Retreat [2017] NSWCATCD 25

Myles & O’Halloran v Holiday Retreats-Rivergum Pty Ltd trading as Rivergum Holiday Retreat [2017] NSWCATCD 25

Section 83 of the RLLC Act requires the operator to provide the home owner reasonable, non-redacted access to utility bills in relation to charges payable, to enable assessment of compliance with statutory limits. The provision of a heavily redacted document is insufficient, as key information required for the Home Owner to review charges is missing.

Jurisdiction
Australia
Judgment Date
21 February 2017
Procedural Posture
Tribunal Proceeding / Final Determination/orders After Written Submissions
Outcome
Order made against the Operator; partial dismissal of amendment/consumer claim
Legal Topics
['access to Utility Bills' 'residential (land Lease) Communities Act Compliance' 'disclosure Obligations' 'rules of Conduct for Operators']
['residential Tenancies' 'consumer Protection'] ['access to Utility Bills' 'residential (land Lease) Communities Act Compliance' 'disclosure Obligations' 'rules of Conduct for Operators']

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Procedural Posture

Tribunal Proceeding / Final Determination/orders After Written Submissions

Legal Issues

  1. 1 ['Whether the operator is required under s83 of the RLLC Act to provide non-redacted utility bills to the home owners' "Whether redacted bills satisfy the operator's obligations" 'Whether additional consumer claim or recovery of money can be added to the application']

Ratio Decidendi

Section 83 of the RLLC Act requires the operator to provide the home owner reasonable, non-redacted access to utility bills in relation to charges payable, to enable assessment of compliance with statutory limits. The provision of a heavily redacted document is insufficient, as key information required for the Home Owner to review charges is missing.

Court Disposition

Order made against the Operator; partial dismissal of amendment/consumer claim

Orders

  • ['The Operator, by 1 March 2017, must comply with s83 and provide the Home Owner with a copy of the utility bills (non-redacted) commencing with and including the bill issued in January 2017 and for the preceding twelve months, relating to utility charges payable by the Home Owner, upon payment of a photocopying...