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110			_aNSW Civil and Administrative Tribunal (NCAT) _9120
245			_aLoughton v Hometown Australia Lennox Pty Ltd
260			_bNCAT _c10 Jan 2022
500			_aLegislation 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
520			_aHome owner awarded $1000 in compensation and site fee reduced to comply with fair market value from the beginning of the site agreement.
650		0	_aResidential (Land Lease) Communities Act 2013 _9540 _zNSW
856			_yAccess unreported decision _uhttps://cfiles.tenantsunion.org.au/s/gr5wkywrRErA75S
942			_2ddc _cDU
999			_c779 _d779