Phillips v Willoughby Retirement Community Association [2020] NSWCATCD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Phillips v Willoughby Retirement Community Association [2020] NSWCATCD 9 Hearing dates: 12 July 2019 Date of orders: 6 February 2020 Decision date: 06 February 2020 Jurisdiction: Consumer and Commercial Division Before: G Meadows, Senior Member Decision: The application is dismissed. Catchwords: STRATA AND COMMUNITY SCHEMES — Resident alleges operator in breach of s. 66 Retirement Villages Act 1999 and Rule 18 Village Rules — Operator fails to take all reasonable steps to ensure that a resident does not unreasonably interfere with the peace, comfort and quiet enjoyment of the applicant — Allegation of passive smoking — Health of elderly applicant adversely affected Legislation Cited: Retirement Villages Act 1999 (NSW) Retirement Villages Act 1999 (NSW) Retirement Villages Regulation 2009 (NSW) Retirement Villages Regulation 2017 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Sheath v Whitley [2014] NSWCATCD 44 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Bavin v Parklea Operations Pty Ltd [2019] NSWCATAP 120 Hagh v Kong [2014] NSWCATAP 47 Texts Cited: Nil Category: Principal judgment Parties: Doreen Phillips (Applicant) Willoughby Retirement Community Association (Respondent) Representation: Applicant (Self-represented) M English and L Kearns (Respondent) File Number(s): RV 19/17352 Publication restriction: Nil