Hoey v Hometown Australia Lennox Pty Ltd (Record no. 726)
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| 000 -LEADER | |
|---|---|
| fixed length control field | 01999nam a22001937a 4500 |
| 003 - CONTROL NUMBER IDENTIFIER | |
| control field | OSt |
| 005 - DATE AND TIME OF LATEST TRANSACTION | |
| control field | 20230420160734.0 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION | |
| fixed length control field | 230420b |||||||| |||| 00| 0 eng d |
| 040 ## - CATALOGING SOURCE | |
| Transcribing agency | NCAT |
| 110 ## - MAIN ENTRY--CORPORATE NAME | |
| 9 (RLIN) | 120 |
| Corporate name or jurisdiction name as entry element | NSW Civil and Administrative Tribunal (NCAT) |
| 245 ## - TITLE STATEMENT | |
| Title | Hoey v Hometown Australia Lennox Pty Ltd |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
| Name of publisher, distributor, etc. | NCAT |
| Date of publication, distribution, etc. | 28 November 2022 |
| 500 ## - GENERAL NOTE | |
| General note | Legislation cited:<br/>Residential (Land Lease) Communities Act - Sections 4, 12, 104, 109, 110, 115, and 157<br/><br/>Catchwords:<br/>Site fees; fair market value<br/><br/>Issues and facts:<br/>Home owner seeking orders operator complying with obligations to set site fees at start of site agreement in line with fair market value. Which sites are comparable and does NCAT have jurisdiction to make the orders sought |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc. | (1) The respondent’s name is amended to Hometown Australia Lennox Pty Ltd.<br/>(2) Under section 157 (1) (b) and (j) of the Residential (Land Lease) Communities Act (“the Act”), the respondent is ordered to comply with its obligation under section 109 (5) of the Act by reducing the amount of weekly site fees in the site agreement between the parties signed by the applicants on 28 September 2021 (“the agreement”), so they do not exceed $174.90 from the commencement of the agreement, except as adjusted by the annual increase method in the agreement.<br/>(3) Under section 157 (1) (d) of the Act, within 28 days of the date of these orders, the respondent is to refund to the applicant the amount the applicant has paid in site fees in excess of $174.90, as adjusted by the annual increase method in the agreement.<br/>(4) Should there be any dispute as to the calculation of the amount ordered to be refunded in Order 2, or the implementation of these orders, the parties may request the Registrar to re-list the matter.<br/><br/> |
| 650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| 9 (RLIN) | 540 |
| Topical term or geographic name entry element | Residential (Land Lease) Communities Act 2013 |
| 651 ## - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME | |
| Geographic subdivision | NSW |
| 856 ## - ELECTRONIC LOCATION AND ACCESS | |
| Uniform Resource Identifier | <a href="https://cfiles.tenantsunion.org.au/s/mDfYDMLzyNdgd5X">https://cfiles.tenantsunion.org.au/s/mDfYDMLzyNdgd5X</a> |
| Link text | Access unreported decision |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) | |
| Source of classification or shelving scheme | Dewey Decimal Classification |
| Koha item type | Decision Unreported |
| Withdrawn status | Lost status | Source of classification or shelving scheme | Damaged status | Not for loan | Home library | Current library | Date acquired | Total Checkouts | Date last seen | Uniform Resource Identifier | Price effective from | Koha item type |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Dewey Decimal Classification | tunsw | tunsw | 20/04/2023 | 20/04/2023 | https://cfiles.tenantsunion.org.au/s/mDfYDMLzyNdgd5X | 20/04/2023 | Decision Unreported |