Tarragal Glen Retirement Village II Pty Ltd and Errol Investments Pty Ltd v De Carli [2021] NSWCATCD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tarragal Glen Retirement Village II Pty Ltd and Errol Investments Pty Ltd v De Carli [2021] NSWCATCD 58 Hearing dates: 22 July 2021 Date of orders: 24 August 2021 Decision date: 24 August 2021 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: 1. The application for a termination order is dismissed. 2. The respondent is not to cause or permit any interference with the reasonable peace, comfort and privacy of her retirement village neighbours, Mr and Mrs McConville. 3. The duration of order 2 above is 12 months from the date of this decision. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Retirement Village — Termination — Intentional or reckless conduct causing or likely to cause injury to other resident — Whether termination order should be made or alternative order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Retirement Villages Act 1999 (NSW) Retirement Villages Regulation 2017 (NSW) Cases Cited: Baptist Community Services v Duffin (Retirement Villages) [2010] NSWCTTT 528 Blackwell v R [2011] NSWCCA 93; (2011) 81 NSWLR 119 Chahoud v Penrith City Council [2020] NSWLEC 167 Cure v Bridge Housing Ltd [2014] NSWCATAP 80 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Ke v R [2021] NSWCCA 17 Lindsay v NSW Land and Housing Corporation [2016] NSWCATAP 128 Moore v Scenic Tours Pty Ltd [2020] HCA 17; (2020) 377 CLR 209 Shu Qiang Li v R [2005] NSWCCA 442 Williams v R (1990) 50 A Crim R 213 Zabouroni v R [2016] HCA 12; (2016) 256 CLR 482 Texts Cited: Nil Category: Principal judgment Parties: Tarragal Glen Retirement Village II Pty Ltd and Errol Investments Pty Ltd (Applicant)