Lendlease Retirement Living Holding Pty v Closebourne Village Residents Committee [2022] NSWCATAP 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lendlease Retirement Living Holding Pty v Closebourne Village Residents Committee [2022] NSWCATAP 197 Hearing dates: 26 May 2022 Date of orders: 14 June 2022 Decision date: 14 June 2022 Jurisdiction: Appeal Panel Before: S Thode, Senior Member A Boxall, Senior Member Decision: (1) The Appeal is allowed. (2) Order 4(b) made in RV 21/36396 on 7 March 2022 is set aside. (3) Order 4(c) made in RV 21/36396 on 7 March 2022 is set aside. (4) Order 5 made in RV 21/36396 on 7 March 2022 is set aside. Catchwords: RETIREMENT VILLAGES – approval of budget – provision of information to residents' committee under section 114 of the Retirement Villages Act 1999 – approval by the Tribunal under section 115 of the Retirement Villages Act 1999 of expenditure under a proposed village budget Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Retirement Villages Act 1999 (NSW) Retirement Villages Regulation 2017 (NSW) Secretary's Guidelines for retirement village asset management plans (AB827) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Lendlease Retirement Living Holding Pty Ltd (Appellant) Closebourne Village Residents Committee (Respondent) Representation: Solicitors: Thomson Greer Solicitors (Appellant) BN Agland, Chairperson, Closebourne Village Residents Committee (Respondent) File Number(s): 2022/00080817 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: NA Date of Decision: 7 March 2022 Before: JA Ringrose, General Member File Number(s): RV 21/23648, RV 21/35396