HOWES v DOBSON DEVELOPMENTS PTY LTD [2001] NSWCA 96

New South Wales Court of Appeal

CITATION : HOWES v DOBSON DEVELOPMENTS PTY LTD [2001] NSWCA 96 FILE NUMBER(S) : CA 40238/00 HEARING DATE(S) : 4 December 2000 JUDGMENT DATE : 10 April 2001

PARTIES : HOWES & ORS v DOBSON DEVELOPMENTS PTY LTD JUDGMENT OF : Mason P at 1; Powell JA at 107; Giles JA at 112

LOWER COURT JURISDICTION : Supreme Court LOWER COURT SC 11728/99 FILE NUMBER(S) : LOWER COURT Master Malpass JUDICIAL OFFICER :

COUNSEL : Appellant: J Needham/M Fraser Respondent: G K Downes QC/ M Green SOLICITORS : Appellant: Legal Aid Commission Respondent: Gregory J Halpin CATCHWORDS : Retirement Villages Act 1989 - Retirement Villages Act 1999 - whether Retirement Village Industry Code of Practice applied - definition of "retirement village" - definition of "administering authority" of retirement village - whether Act precludes Supreme Court's jurisdiction - whether owner precluded from terminating licence agreements - application of new Act to retirement villages established before its commencement - Appeal allowed. ND. DECISION : Appeal allowed. See par 106 for orders.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40238/00 SC 11729/99 MASON P POWELL JA GILES JA

Tuesday 10 April 2001

HOWES & ORS v DOBSON DEVELOPMENTS PTY LTD

The Elim Retirement Village was administered From May 1993 by Christian Enterprises Ltd (CEL). Residents at the village would on arrival sign a licence agreement with CEL. In March 1996 CEL purported to raise licence fees to $70 per week.

In June 1999 Dobson Developments Pty Ltd (Dobson) purchased 14 units within Elim from CEL, subject to the residents' licence agreements. On 3 June 1999 Dobson sought payment of the licence fees at the rate of $70 per week. On not receiving payment, Dobson served notice on each licensee (appellant) asserting default, and requiring them to vacate their unit. Dobson contends that these notices terminated its contracts with the appellants.