Bavin v Parklea Operations Pty Ltd [2019] NSWCATAP 120

Bavin v Parklea Operations Pty Ltd [2019] NSWCATAP 120

The Tribunal erred in law by requiring the appellants to submit a precise calculation of overcharge under s 85 of the RLLC Act; instead, the Tribunal should do the best it can, based on available evidence, to estimate compensation. The appellants' application was within time or should be allowed further time, and the dispute regarding overcharge must be resolved with additional evidence.

Parties
Appellant: Brian Bavin; Appellant: Ellen Raczkowski; Respondent: Parklea Operations Pty Ltd
Jurisdiction
Australia
Judgment Date
09 May 2019
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal allowed in part; orders set aside; remitted for reconsideration
Legal Topics
Residential Parks, Electricity Charges, Appeals, Statutory Limitation Periods, Mistake of Law or Fact
Administrative Law Consumer Law Property Law Residential Parks Electricity Charges Appeals Statutory Limitation Periods Mistake of Law or Fact

Case Brief

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Parties

Brian Bavin

Appellant

Ellen Raczkowski

Appellant

Parklea Operations Pty Ltd

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the appellants' application was brought within time under enabling legislation and Tribunal rules
  2. 2 How to calculate amounts overpaid for electricity under s 77(3) of the RLLC Act
  3. 3 Appropriate method for assessing compensation when exact calculation is difficult

Ratio Decidendi

The Tribunal erred in law by requiring the appellants to submit a precise calculation of overcharge under s 85 of the RLLC Act; instead, the Tribunal should do the best it can, based on available evidence, to estimate compensation. The appellants' application was within time or should be allowed further time, and the dispute regarding overcharge must be resolved with additional evidence.

Court Disposition

Appeal allowed in part; orders set aside; remitted for reconsideration

Orders

  • Appeal allowed in part.
  • The Tribunal decision to dismiss remainder of applicants' claim for compensation is set aside.