Coorey v Pacific Gardens Mobile Homes trading as Pacific Gardens Van Village

Coorey appealed against a decision of the Consumer, Trader and Tenancy Tribunal which found that the respondent, Pacific Gardens Mobile Homes, had breached the terms of a residential site agreement by failing to supply electricity to the applicant’s caravan, and that the respondent was liable to pay the applicant for electricity charges. The Tribunal found that the respondent was to comply with the terms of the residential site agreement and was to pay the park owner for electricity charges, including the service availability charge calculated at 70% of the local standard retail supplier’s service availability charge. The Tribunal also ordered the respondent to pay the applicant the sum of $217.87. The central issue in the appeal was whether the Tribunal had erred in finding that the respondent had breached the residential site agreement by failing to supply electricity to the applicant’s caravan. The court found that the Tribunal had not erred in finding that the respondent had breached the residential site agreement. The court found that the terms of the residential site agreement were clear and unambiguous, and that the respondent had failed to comply with the terms of the agreement by not supplying electricity to the applicant’s caravan. The court also found that the Tribunal had correctly calculated the amount of the service availability charge. The appeal was dismissed, and the orders of the Tribunal were confirmed. The court found that the respondent was to comply with the terms of the residential site agreement and was to pay the park owner for electricity charges, including the service availability charge calculated at 70% of the local standard retail supplier’s service availability charge. The respondent was also ordered to pay the applicant the sum of $217.87. The period for payment was extended to 30 July 2010. The exhibits were returned, and the reasons for the decision were published.