Hill v Hampshire (Casino) Pty Ltd; Hall v Hampshire (Casino) Pty Ltd; Binskin v Hampshire (Casino) Pty Ltd [2023] NSWCATCD 2

Hill v Hampshire (Casino) Pty Ltd; Hall v Hampshire (Casino) Pty Ltd; Binskin v Hampshire (Casino) Pty Ltd [2023] NSWCATCD 2

The Tribunal found that the respondent failed to comply with s.66 of the Residential (Land Lease) Communities Act 2013 by issuing a site fee increase notice based on a CPI figure not rounded in accordance with ABS methodology. Accordingly, the applicants were entitled to a refund of overpaid site fees ($78.00 each) for the relevant period.

Jurisdiction
Australia
Judgment Date
12 January 2023
Procedural Posture
Consumer and Commercial Division / Principal Judgment
Outcome
Applications allowed
Legal Topics
['site Fee Increase' 'fixed Method of Fee Increase' 'consumer Price Index Calculation' 'compliance With Residential (land Lease) Communities Act 2013']
['residential and Holiday Parks' 'consumer Law'] ['site Fee Increase' 'fixed Method of Fee Increase' 'consumer Price Index Calculation' 'compliance With Residential (land Lease) Communities Act 2013']

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Procedural Posture

Consumer and Commercial Division / Principal Judgment

Legal Issues

  1. 1 ['Whether the site fee increase notice was compliant with s.66 of the Residential (Land Lease) Communities Act 2013' 'Whether the operator calculated and issued the fee increase notice using the correct Consumer Price Index (CPI) figure' 'Entitlement to refund for overpayment due to non-compliant increase']

Ratio Decidendi

The Tribunal found that the respondent failed to comply with s.66 of the Residential (Land Lease) Communities Act 2013 by issuing a site fee increase notice based on a CPI figure not rounded in accordance with ABS methodology. Accordingly, the applicants were entitled to a refund of overpaid site fees ($78.00 each) for the relevant period.

Court Disposition

Applications allowed

Orders

  • ['In matter No. RC 22/34188 the respondent is to pay the applicant $78.00 within 21 days of the date of these orders.' 'In matter No. RC 22/34185 the respondent is to pay the applicant $78.00 within 21 days of the date of these orders.' 'In matter No. RC 22/34755 the respondent is to pay the applicant $78.00 within...