Sakkara told in the Supreme Court its ‘flip flopping’ should come to an end

Published on

The NSW residents association (the RVRA) regularly broadcasts to it members across the state the tortured journey experienced by residents in The Landings at the hands of the operator Sakkara – and the Department of Fair Trading is on this circulation list. The fact that RVRA President Jan Pritchett lives in the village assists the coverage.
In yet another loss for Sakkara, Justice Sackar rejected yesterday their latest application to extend the time period for judicial review emanating from a decision against Sakkara in the CTTT for a matter commenced in June 2011 – nearly 3 years ago.
The arguments relate to budgets. The residents believe Sakkara is trying to extend the fight over a long period to break them in their will and financially. Justice Sakar seemed to agree in his judgement against Sakkara, stating:
“There is no doubt that the applicant seeks to place itself in the most desirable strategic position forensically as it now sees it.”
“It seems to me that the applicant’s “flip-flopping” should be brought to an end”
“The residents respond that the Court should have regard to prejudice suffered by them namely it should take into account the context of the respondent as a small group of elderly volunteers who face not only age and health challenges but also an imbalance of resources between themselves and the applicant. In my view, these factors are relevant in the exercise of my discretion.”

The residents did a whip around in 2012 to raise the $55,000 for legal fees to fight in the CTTT. Then they did another whip around to raise $17,000 last year to fight in the District Court. They won costs on both but Sakkara has refused to pay those costs pending this Supreme Court appearance despite the order to pay not being challenged. So the residents have had to fund this latest court case as well, with costs likely to be awarded again.
Sakkara was again represented last Friday by two solicitors and a barrister. The residents in each appearance have been represented by Peter Hill, a one man operator from Erina, an hour North of Sydney. He has won every appearance.
The good news is that the TV program A Current Affair has repeatedly asked to do a feature on the dispute but Jan Pritchett has steadfastly turned away media attention. The regulator’s gaze however can’t be avoided.
The Landings itself is an exceptional village. The ‘prejudice’ suffered by the residents just doesn’t make sense.