Brewster v Woodlands Retirement Village Ltd [2024] NSWCATCD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brewster v Woodlands Retirement Village Ltd [2024] NSWCATCD 13 Hearing dates: 2 November 2023 Date of orders: 12 January 2024 Decision date: 12 January 2024 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) The application is dismissed. Catchwords: LEASES AND TENANCIES---Legislation protecting tenants---Retirement Villages Act 1999 (NSW)---Calculation of recurrent charges---Whether terms of contract harsh, oppressive, unconscionable or unfair CONTRACTS---Unjust contracts---Contract Review Act 1980 (NSW)---Disparity monthly recurrent fees between different sized residences in retirement village---Whether terms of contract harsh, oppressive, unconscionable or unfair Legislation Cited: Contracts Review Act 1980 (NSW) Retirement Villages Act 1999 (NSW) Cases Cited: Balagiannis v Balagiannis [2022] NSWCA 18 Cong v Shen (No 3) [2021] NSWSC 947 In the matter of Reserve Hotels Pty Limited [2021] NSWSC 376 Kowalczuk v Accom Finance Pty Ltd (2008) 77 NSWLR 205; [2008] NSWCA 343 Provident Capital Ltd v Papa (2013) 84 NSWLR 231; [2013] NSWCA 36 Re Elsmore Resources Ltd (2016) 114 ACSR 297; [2016] NSWSC 856 Riz v Perpetual Trustee Australia Limited [2007] NSWSC 1153 West v AGC (Advances) Ltd (1986) 5 NSWLR 610 Texts Cited: None cited Category: Principal judgment Parties: Ronald Arthur Brewster (Applicant) Woodlands Retirement Village Ltd (Respondent) Representation: R Brewster, self-represented (Applicant): J Coles, solicitor (Respondent)