Tindall v Ridge Estate by Teman Pty Ltd; Ridge Estate by Teman Pty Ltd v Tindall [2021] NSWCATCD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tindall v Ridge Estate by Teman Pty Ltd; Ridge Estate by Teman Pty Ltd v Tindall [2021] NSWCATCD 36 Hearing dates: 24 May 2021 Date of orders: 20 July 2021 Decision date: 20 July 2021 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: RV 20/40799 1 The application is dismissed.

RV 20/42946 2 The application is dismissed.

RV 20/33760 3 Ridge Estate by Teman Pty Ltd is to comply with s 66 of the Retirement Villages Act 1999, and in particular (1) is to take all reasonable steps to ensure that all residents meet their obligations under their village contracts, the village rules and this Act, so that a resident does not unreasonably interfere with the peace, comfort and quiet enjoyment of his or her fellow residents, and (2) is to use its best endeavours to ensure that each resident lives in an environment free from harassment and intimidation.

RV 20/41472 4 The application for termination of the residence agreement is dismissed 5 Mark Dennis Tindall & Beverley Anne Tindall are to comply with the terms of their residence agreement, the village rules, and the Retirement Villages Act 1999, and in particular; (1) are to refrain from behaviours which interfere with the reasonable peace, comfort and privacy of other residents, and (2) are not to abuse the operator's employees. Catchwords: LEASES AND TENANCIES — Retirement Villages Act 1999 (NSW) Legislation Cited: Retirement Villages Act 1999 (NSW) Category: Principal judgment Parties: Mark Dennis Tindall & Beverley Anne Tindall Ridge Estate by Teman Pty Ltd Representation: Solicitors: