Quick updates

KNV Appeal – the 'fixed' method of site fee increases

We reported previously (in Outasite 7 and Outasite Lite 40) on the case KNV v Morris & Ors. The case relates to fixed method site fee increase terms in site agreements, and in particular, whether a formula for calculating site fee increases, made up of a number of components, falls within the meaning of a ‘fixed method.’

The home owners’ appeal to the Supreme Court of NSW in Rowe v Kincumber Nautical Village was heard before Justice P Garling on 22 July 2022 and the decision was reserved – the judgement has not been handed down yet.

The home owner was successful in earlier interlocutory proceedings Rowe v Kincumber Nautical Village Pty Ltd [2022] NSWSC 533 in having the matter heard as representative proceedings under the Civil Procedure Act and the residents now anxiously await the Supreme Court of NSW judgement in the case. 

5 year Review of the Residential Land Lease Communities Act

In Outasite 7 we reported extensively on the 5 year Review of the Residential (Land Lease) Communities Act 2013. Sadly we do not have anything further to pass on about the Review, as yet. The government tabled the Statutory Review Report in November 2021 in NSW Parliament. We reported on the key recommendations in Outasite Lite 41.

On 3 August 2022 Victor Dominello MP was appointed the new Minister for Fair Trading and we are hopeful that once he has settled into the new role we can get an indication from his department or office of when a Bill will be introduced to the NSW Parliament.

This article was published in Outasite magazine issue 8. Outasite is published annually. Outasite Lite email newsletter, is sent several times a year – subscribe here. All past issues are available in the archive.