The decision by the NSW Supreme Court to appoint an administrator to run the Oasis Village in Windang is a clear victory for the rights of residents.
On 24 August 2023 an order was made in the Supreme Court of New South Wales, under section 164(1)(b) of the Residential (Land Lease) Communities Act 2013 appointing Mr Kenneth Michael Whittington, as an administrator of the Oasis Village.
As the Administrator, Mr Whittington will exercise all the functions of the operator of the Oasis Village community
This decision follows a hard-fought community campaign led by Affiliated Residential Park Residents Association (ARPRA), CEO, Gary Martin, and supported by Mr Scully, after several residents living within the Oasis Village contacted him to raise concerns about bullying and unreasonable behaviour by the village operator, S&Q Assets Pty Ltd.
In February 2022, Mr Scully wrote to the former Minister for Fair Trading at the time, requesting that an application be lodged in the NSW Supreme Court ordering the appointment of an administrator.
S&Q Assets Pty Ltd had already been taken to the NSW Civil and Administrative Tribunal (NCAT) on multiple occasions after questions were raised as to whether the operator was complying with the Act.
S&Q Assets Pty Ltd had previously issued the 43 Oasis Village residents with termination notices, which NCAT ruled invalid.
The situation at Oasis Village was so dire that NCAT ordered for all site fees be paid into a special trust account that it administers on behalf of residents to fund regular basic maintenance, from mowing of the lawns to providing satisfactory sanitation for residents.
Paul Scully MP, Member for Wollongong, said:
There is nothing that angers me more than innocent and vulnerable people are being bullied and pushed around.
The Supreme Court’s appointment of an administrator is a great win for the residents of Oasis Village and a tribute to ARPRA for its advocacy of residents’ concerns.
For years, these residents have been engaged in a David and Goliath battle to protect their homes against S&Q Asset Pty Ltd.
The Court’s decision means that they can now carry on living their lives with some peace of mind.
I’m very pleased with the Supreme Court decision and it sends a clear message to other park operators – don’t mess around with people’s lives.
