Bondi Beach Astra Retirement Village Pty Ltd v Minchin [2021] NSWCATCD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bondi Beach Astra Retirement Village Pty Ltd v Minchin [2021] NSWCATCD 120 Hearing dates: 25 November 2021 Date of orders: 16 December 2021 Decision date: 16 December 2021 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The first respondent is to take such steps as are necessary to terminate the occupation of the second respondent of lot 43 of SP22422 to operate from the date not being later than four weeks after the making of this decision. Catchwords: RETIREMENT VILLAGES — Retirement Villages Act 1999 (NSW) – Whether the applicant has standing to bring proceedings against the first respondent - Whether there is a retirement village - Whether the applicant is the operator of a retirement village - Whether the first respondent is a resident of a retirement village - Whether there are village rules in force - Whether the first respondent in her capacity as the executor of a former resident's estate breached a village contract by permitting the second respondent to occupy a lot in the retirement village - Whether first respondent in her capacity as the executor of a former resident's estate breached the village rules by permitting the second respondent to occupy a lot in the retirement village – What is the appropriate relief against the first respondent Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Conveyancing Act 1919 (NSW) Retirement Villages Act 1989 (NSW) Retirement Villages Act 1999 (NSW) Retirement Villages Regulation 2017 (NSW) Strata Titles Act 1973 (NSW) Cases Cited: Bondi Beach Astra Retirement Village Pty Ltd v Assem [2020] NSWSC 1814 Bondi Beach Astra Retirement Village Pty Ltd v Gora [2010] NSWSC 81 Bondi Beach Astra Retirement Village Pty Ltd v Gora (2011) 82 NSWLR 665; [2011] NSWCA 396 Bondi Beach Astra Retirement Village Pty Ltd v Noon [2009] NSWSC 461 Burden v Ainsworth (2004) 59 NSWLR 506; [2004] NSWCA 3 Darley Australia Pty Ltd v Walfertan Processors Pty Ltd (2012) 188 LGERA 26; [2012] NSWCA 48 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jackson v NSW Land and Housing Corporation [2015] NSWCATAP 281 Noon v Bondi Beach Astra Retirement Village Pty Ltd [2010] NSWCA 202 Noon v The Owners - Strata Plan No. 22422 [2014] NSWSC 1260 Texts Cited: Nil Category: Principal judgment Parties: Bondi Beach Astra Retirement Village Pty Ltd (Applicant) Roxanne Jennifer Minchin (First Respondent) Ray Kan (Second Respondent) Representation: S Jackson (Director) (Applicant) First Respondent (Self-represented) Second Respondent (Self-represented) File Number(s): RV 21/42767 Publication restriction: Nil