Campbell v ZW2 Pty Ltd t/as Lake Munmorah Residential Resort [2014] NSWCATCD 36

Campbell v ZW2 Pty Ltd t/as Lake Munmorah Residential Resort [2014] NSWCATCD 36

The rent increase was not excessive because the rent range within Lake Munmorah Residential Resort was consistent with the services and standard of facilities provided, the park had more extensive facilities than the comparison parks, CPI was only one factor and did not limit rent increases after the fixed terms had ended, the applicants were not on fixed terms, and the applicants did not establish that the park was falling into disrepair so as to affect the rent application. The increase was allowed but staged.

Jurisdiction
Australia
Judgment Date
20 March 2014
Procedural Posture
Application for an Order That a Residential Park Rent Increase Is Excessive / Principal Judgment After Hearing
Outcome
Rent increase allowed, but introduced in two stages as per the attached schedules.
Legal Topics
['rent Increase' 'excessive Rent' 'residential Park Site Fees' 'consumer Price Index' 'comparable Market Rents']
['residential Parks' 'tenancy' 'consumer and Commercial Law'] ['rent Increase' 'excessive Rent' 'residential Park Site Fees' 'consumer Price Index' 'comparable Market Rents']

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Procedural Posture

Application for an Order That a Residential Park Rent Increase Is Excessive / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the respondent park owner's rent increase was excessive under section 57 of the Residential Parks Act 1998." 'Whether rent increases were required to be limited to the Consumer Price Index.' 'Whether the condition, services and facilities of Lake Munmorah Residential Resort justified the proposed rent increases.' 'Whether parity of rents within the park was a relevant basis for the rent increases.']

Ratio Decidendi

The rent increase was not excessive because the rent range within Lake Munmorah Residential Resort was consistent with the services and standard of facilities provided, the park had more extensive facilities than the comparison parks, CPI was only one factor and did not limit rent increases after the fixed terms had ended, the applicants were not on fixed terms, and the applicants did not establish that the park was falling into disrepair so as to affect the rent application. The increase was allowed but staged.

Court Disposition

Rent increase allowed, but introduced in two stages as per the attached schedules.

Orders

  • ['In consideration of the evidence before it the Tribunal finds that the rent increase is allowed but introduced in two stages as per the attached schedules.']