Meatheringham v Gateway Redhead Operations [2019] NSWCATCD 34

Meatheringham v Gateway Redhead Operations [2019] NSWCATCD 34

The Tribunal was not satisfied, on the evidence, that actual outgoings and operating expenses justified the operator's claimed increase. While some increase above CPI was warranted, only an increase up to $4.50 per week was proven adequately. Any increase above $4.50 per week was held excessive.

Parties
Applicant: Pam Meatheringham; Applicant: Anne Davy; Respondent: Gateway Redhead Operations
Jurisdiction
Australia
Judgment Date
11 March 2019
Procedural Posture
Application Regarding Rent Increase Under Residential (land Lease) Communities Act 2013 / Final Decision
Outcome
Orders made capping site fee increases to $4.50 per week for affected home owners for the relevant period; claimed increases above this level held excessive.
Legal Topics
Excessive Rent Increase, Site Fees, Tribunal Powers, Rent Review
Residential (land Lease) Communities Consumer Law Excessive Rent Increase Site Fees Tribunal Powers Rent Review

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Parties

Pam Meatheringham

Applicant

Anne Davy

Applicant

Gateway Redhead Operations

Respondent

Procedural Posture

Application Regarding Rent Increase Under Residential (land Lease) Communities Act 2013 / Final Decision

Legal Issues

  1. 1 Whether the proposed increase in site fees is excessive under the Residential (Land Lease) Communities Act 2013
  2. 2 What is the appropriate amount by which site fees may be increased

Ratio Decidendi

The Tribunal was not satisfied, on the evidence, that actual outgoings and operating expenses justified the operator's claimed increase. While some increase above CPI was warranted, only an increase up to $4.50 per week was proven adequately. Any increase above $4.50 per week was held excessive.

Court Disposition

Orders made capping site fee increases to $4.50 per week for affected home owners for the relevant period; claimed increases above this level held excessive.

Orders

  • Where the claimed increase in site fees exceeds $4.50 per week it is excessive.
  • The site fees for each affected home owner must not exceed the amount of the existing site fees plus $4.50, from 7 September 2018 until 6 September 2019.