Kincumber Nautical Village Appeal update

On 13 November 2020, Liesl Tesch, MP and Member for Gosford made a Private Members Statement in the NSW Parliament regarding Kincumber Nautical Village (KNV). Ms Tesch had become aware of the dispute regarding the fixed method site fee increase which she said “appears as a disappointing abuse of power and disrespect of residents and the NSW Civil and Administrative Tribunal [NCAT] by the owner”. Ms Tesch commended the action of the residents, Bob Morris (who is representing the residents), the residents’ committee and the Tenants’ Union for supporting residents through their disputes.

In the last issue of Outasite Lite we reported that the operator had asked the Appeal Panel to transfer the dispute to the Supreme Court of NSW, which Ms Tesch noted was not an affordable option for the residents, many of whom are struggling to pay their week to week fees and ongoing living costs. The Tenants’ Union assisted Mr Morris with submissions to the Appeal Panel and on 10 December a decision was made on the papers (without a hearing). The Appeal Panel declined to refer the dispute to the Supreme Court, which is great news for the home owners. You can read the decision of the Appeal Panel at https://www.caselaw.nsw.gov.au/decision/17645917632bd0019ba1d091

The Appeal has been set down for hearing on 25 March 2021. Bob Morris continues as the home owners’ representative with assistance from the Tenants’ Union.

This article was published in Outasite Lite 39.