Hoey v Hometown Australia Lennox Pty Ltd
Material type:
TextPublication details: NCAT 28 November 2022Subject(s): Online resources: Summary: (1) The respondent’s name is amended to Hometown Australia Lennox Pty Ltd.
(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.
(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.
(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.
| Item type | Current library | URL | Status | |
|---|---|---|---|---|
| Decision Unreported | tunsw | Access Item | Available |
Legislation cited:
Residential (Land Lease) Communities Act - Sections 4, 12, 104, 109, 110, 115, and 157
Catchwords:
Site fees; fair market value
Issues and facts:
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
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