Director General Department of Fair Trading v Woolcott Village Pty Ltd [2001] NSWSC 889

New South Wales Supreme Court

CITATION : Director General Department of Fair Trading v Woolcott Village Pty Ltd [2001] NSWSC 889 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4894/01 HEARING DATE(S) : 5 October 2001 JUDGMENT DATE : 5 October 2001

PARTIES : Director General of the Department of Fair Trading (P) Woolcott Village Pty Ltd (D) JUDGMENT OF : Hamilton J

COUNSEL : P Bambagiotti (P) No appearance (D) SOLICITORS : D I Catt (P) No appearance (D) CATCHWORDS : CORPORATIONS [188] - Receivers, managers and controllers - Appointment - By Court - Retirement Villages Act 1999 - Appointment of administrator - Whether application may be ex parte or should be on notice - Whether undertaking as to damages required on application by Director General of Fair Trading. LEGISLATION CITED : Retirement Villages Act 1999 s 84(1), (2), s 196 CASES CITED : ACCC v Giraffe World Australia Pty Limited (1998) 84 FCR 512 National Australia Bank Limited v Bond Brewing Holdings Limited (1990) 169 CLR 271 DECISION : Administrator appointed for short finite period although no appearance by company after short notice; undertaking as to damages not required from Director General.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION HAMILTON J FRIDAY, 5 OCTOBER 2001 4894/01 DIRECTOR GENERAL DEPARTMENT OF FAIR TRADING v WOOLCOTT VILLAGE PTY LIMITED Judgment 1 HIS HONOUR: This is an application under s 84(1) of the Retirement Villages Act 1999 ("the RVA") for the appointment of an administrator of the Woolcott Court Retirement Village. Section 84(2) of the RVA provides as follows: "The Director General may apply for an order under the section only if the Director General is of the opinion that the well-being or financial security of the residents of the retirement village concerned is at risk."