Loughton v Hometown Australia Lennox Pty Ltd
Loughton v Hometown Australia Lennox Pty Ltd
- NCAT 10 Jan 2022
Legislation cited: Civil and Administrative Tribunal Act 2013
Civil and Administrative Tribunal Rules 2014
Civil Liability Act 2002
Environmental Planning and Assessment Act 1979
Interpretation Act 1987
Privacy and Personal Information Act 1998
Residential (Land Lease) Communities Act 2013
Residential (Land Lease) Communities Regulation
2015
Standard Instrument (Local Environmental Plans)
Order 2006
Catchwords: LEASES & TENANCIES: Residential (Land Lease)
Communities Act 2013 – residential communities –
operator disclosure obligations to prospective home
owners – whether there is a private right of action
available to a home owner in relation to a breach of an
operator’s disclosure obligations – remedy for breach
of statutory duty – vindication of home owner’s right to
disclosure - whether Tribunal has power to determine
a dispute in relation to the fixed method of site fee
increase – whether an operator has an obligation to
negotiate the method of site fee increase with a
prospective home owner - site fees under new site
agreements – determination of fair market value –
considerations – meaning of “market value”- whether
operator is entitled to consider only one comparator
site in determining fair market value – whether the
Tribunal has power to determine the fair market value
3
of an initial site fee – whether Tribunal has power to
make consequential orders in relation to the site fees
payable under a site agreement upon determination of
the fair market value of the initial site fee - Rules of
Conduct for operators – Rule 5 - meaning of
“confidential Information
PRACTICE & PROCEDURE: time period for the
lodging of an application under section 156 of the
Residential (Land Lease) Communities Act 2013.
Issues and facts: Home owner seeking order that site fee in the site agreement is not fair market value. Home owner also seeking compensation due to false information provided in the Disclosure Statement
Home owner awarded $1000 in compensation and site fee reduced to comply with fair market value from the beginning of the site agreement.
Residential (Land Lease) Communities Act 2013--NSW
Legislation cited: Civil and Administrative Tribunal Act 2013
Civil and Administrative Tribunal Rules 2014
Civil Liability Act 2002
Environmental Planning and Assessment Act 1979
Interpretation Act 1987
Privacy and Personal Information Act 1998
Residential (Land Lease) Communities Act 2013
Residential (Land Lease) Communities Regulation
2015
Standard Instrument (Local Environmental Plans)
Order 2006
Catchwords: LEASES & TENANCIES: Residential (Land Lease)
Communities Act 2013 – residential communities –
operator disclosure obligations to prospective home
owners – whether there is a private right of action
available to a home owner in relation to a breach of an
operator’s disclosure obligations – remedy for breach
of statutory duty – vindication of home owner’s right to
disclosure - whether Tribunal has power to determine
a dispute in relation to the fixed method of site fee
increase – whether an operator has an obligation to
negotiate the method of site fee increase with a
prospective home owner - site fees under new site
agreements – determination of fair market value –
considerations – meaning of “market value”- whether
operator is entitled to consider only one comparator
site in determining fair market value – whether the
Tribunal has power to determine the fair market value
3
of an initial site fee – whether Tribunal has power to
make consequential orders in relation to the site fees
payable under a site agreement upon determination of
the fair market value of the initial site fee - Rules of
Conduct for operators – Rule 5 - meaning of
“confidential Information
PRACTICE & PROCEDURE: time period for the
lodging of an application under section 156 of the
Residential (Land Lease) Communities Act 2013.
Issues and facts: Home owner seeking order that site fee in the site agreement is not fair market value. Home owner also seeking compensation due to false information provided in the Disclosure Statement
Home owner awarded $1000 in compensation and site fee reduced to comply with fair market value from the beginning of the site agreement.
Residential (Land Lease) Communities Act 2013--NSW