New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 85

85 Recovery of amounts paid under a mistake of law or fact

(1) A home owner is entitled to recover an amount paid under this Part to the operator under a mistake of law or fact.

(2) A home owner may, with the consent of the operator of the community, recover an amount mistakenly paid to the operator under this Part by deducting it from site fees payable by the home owner under the site agreement.

(3) The Tribunal may, on application by a home owner or operator, make an order resolving a dispute concerning the operation of this section in the circumstances of a particular case.