Molloy v Stewards’ Foundation of Christian Brethren [2022] NSWCATCD 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Molloy v Stewards' Foundation of Christian Brethren [2022] NSWCATCD 159 Hearing dates: 24 June 2022, 24 August 2022 Date of orders: 01 September 2022 Decision date: 01 September 2022 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The name of the respondent is amended to Stewards' Foundation of Christian Brethren. (2) Compliance with r 8 of the Civil and Administrative Tribunal Rules 2014 (NSW) is dispensed with. (3) Time for the commencement of the proceedings is extended to 22 April 2022. (4) The proceedings are dismissed. (5) Each party is to pay their own costs of the proceedings. Catchwords: CIVIL PROCEDURE — Time — Extension of time – commencement of proceedings RETIREMENT VILLAGES — Retirement Villages Act 1999 (NSW) – whether the operator contravened its obligation to use its best endeavours to ensure that each resident lives in an environment free from harassment and intimidation - whether there was an unlawful variation in the provision of a services by the operator – whether the operator failed to provide required information in a proposed annual budget Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 28, 29, 36, 41, 60, Sch 4 cl 3 Civil and Administrative Tribunal Rules 2014 (NSW), rr 8, 23 Residential (Land Lease) Communities Act 2013 (NSW), s 156 Residential Tenancies Act 2010 (NSW), s 50 Retirement Villages Act 1999 (NSW), ss 60, 62, 66, 104, 105A, 106, 112, 114, 122, 128 Retirement Villages Regulation 2017 (NSW), cll 19, 20, 34, 37, Sch 4 Stewards' Foundation of Christian Brethren Act 1989 (NSW), ss 4, 5 Strata Schemes Management Act 2015 (NSW) Cases Cited: Bavin v Parklea Operations Pty Ltd [2019] NSWCATAP 120 Foster v Hall [2012] NSWCA 122 Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41; [1984] HCA 64 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jackson v NSW Land and Housing Corporation [2015] NSWCATAP 281 Tindall v Ridge Estate by Teman Pty Ltd; Ridge Estate by Teman Pty Ltd v Tindall [2021] NSWCATCD 36 Torpey v Stewart [2021] NSWCATAP 248 Category: Principal judgment Parties: Myrtle Ann Molloy (Applicant)