Judy Tucker v Tricare (Hastings) Pty Ltd

Judy Tucker brought proceedings against Tricare (Hastings) Pty Ltd, the owner of a residential park, alleging that the site fees charged were excessive. The case was heard in the County Court of Victoria. The plaintiff sought a reduction in the site fees and compensation for the condition of the park. The defendant, the park owner, opposed the application and argued that the fees were fair and reasonable and that the park was in acceptable condition.
The court considered the evidence provided by both parties and assessed the site fees and conditions of the park. It found that the site fees charged were excessive and ordered a reduction in fees for all sites except site 39, which was to be reduced by a different amount. The court also ordered the park owner to carry out specific works to improve the condition of the park. The court found that the park owner had failed to maintain the park to an acceptable standard, and the residents were entitled to compensation for the poor condition of the park.
The court ordered that the site fees for all residential sites except site 39 shall not exceed $102.50 per week from 29 August 2014 to 28 August 2015. Site fees for site 39 shall not exceed $95.00 per week for the same period. The court also ordered the park owner to carry out specific works to improve the condition of the park, including removing green waste, removing asbestos, providing garbage bins, repairing storm water grates, maintaining fire hoses, repairing roads, removing rubbish and rubble, repairing the southern fence, and making operable the street lighting at certain sites. If the park owner failed to comply with the order to reduce site fees, the residents could renew the application for compensation at any time on or before 29 January 2015.