Phillips v Willoughby Retirement Village Association [2020] NSWCATAP 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Phillips v Willoughby Retirement Village Association [2020] NSWCATAP 176 Hearing dates: On the papers Date of orders: 24 August 2020 Decision date: 24 August 2020 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President K Ransome, Senior Member Decision: (1) A hearing of the appeal is dispensed with and the appeal is determined on the papers. (2) The time for filing the appeal is extended to 11 March 2020. (3) The appeal is dismissed. Catchwords: RETIREMENT VILLAGES-time for bringing applications-rules , amending a rule, legal validity of a rule, smoking, Operators obligations to residents, claim for compensation. Legislation Cited: Retirement Villages Act, 1999 Retirement Villages Regulation, 2017 Civil & Administrative Act, 2013 Civil Liability Act, 2002 Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: Doreen Phillips (Appellant) Willoughby Retirement Village Association (Respondent) Representation: Solicitors: Bailey Compton (Appellant) M English (Respondent) File Number(s): AP 20/13126 Publication restriction: Nil Decision under appeal Court or tribunal: Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: N/A Date of Decision: 6 February 2020 Before: G Meadows, Senior Member File Number(s): RV19/17352