Commissioner for Fair Trading v Tschannen

The Commissioner for Fair Trading brought an application against Tschannen in the Consumer Affairs Tribunal of New South Wales, alleging that Tschannen had contravened provisions of the Residential Parks Act 1998. The Commissioner sought declarations of breach, as well as injunctive relief and damages, on the basis that Tschannen had failed to provide adequate facilities and services to residents in a residential park. The legal issues before the Tribunal were whether Tschannen's conduct constituted breaches of the Act, and if so, what relief should be granted.

The Tribunal found that Tschannen had indeed breached the Act in several respects, including failure to maintain proper sanitation facilities and provide adequate security measures. However, the Tribunal determined that the Commissioner had not established that Tschannen's breaches were of a nature that warranted the grant of injunctive relief or damages. The Tribunal emphasised the need to balance the rights of the residents against the practicalities of enforcing and administering any injunctions. As such, the Tribunal declined to grant the injunctive relief and damages sought by the Commissioner.

The Tribunal did, however, make declarations of breach in accordance with the Commissioner's application. These declarations formally recognised that Tschannen had contravened the provisions of the Act, and served as a public record of the breaches. The Tribunal ordered Tschannen to remedy the breaches within a specified timeframe, and directed that ongoing compliance be monitored by the Commissioner. The Tribunal's decision highlighted the importance of enforcing consumer protection laws, while also recognising the need for a proportionate and practical approach to relief.