Pomroy and Ors v Emmetlow Pty Ltd

The case involved Pomroy and others suing Emmetlow Pty Ltd regarding the charging of utilities in a manufactured home park. The applicants sought to amend the definition of "utility" under the relevant legislation to include "telephone." The dispute reached the court, which had to determine whether the definition of "utility" should be expanded to encompass telephone services and, if not, what alternative measures could be implemented to ensure transparency and fairness in utility billing.

The court examined the legislative framework and the current definition of "utility" as well as the implications of including telephone services within that definition. It considered whether such an inclusion would be appropriate under the existing statutory language and whether it would serve the public interest. The court also assessed the applicants' alternative proposal that park owners must provide greater access to utility invoices to ensure transparency and fairness.

After considering the arguments presented, the court decided that the definition of "utility" should not be amended to include "telephone." However, the court mandated that park owners must make copies of their supplier's utility invoices available for inspection at the park office, provide a copy to the home owner's association, and post a copy on the park notice board free of charge. Additionally, individual owners are entitled to obtain their own copy either from the home owners’ association or from the park owner, without a fee, but on payment of a photocopying charge calculated at commercial rates. This ruling aimed to balance the need for transparency with the constraints of the existing legislative framework.