WILLOUGHBY RETIREMENT COMMUNITY ASSOCIATION v FREY [2007] NSWSC 613

Reported Decision : 212 FLR 104

New South Wales Supreme Court

CITATION : WILLOUGHBY RETIREMENT COMMUNITY ASSOCIATION v FREY [2007] NSWSC 613

HEARING DATE(S) : 1 and 13 June 2007

JUDGMENT DATE : 15 June 2007

JURISDICTION : Equity

JUDGMENT OF : Hall J at 1

DECISION : I have concluded that the answers to the questions set out in paragraph [3] should answered as follows: (a) Yes, (b) No, (c) No

CATCHWORDS : Licence agreement - Entitlement to termination of licence agreement as a result of breach - Promise as to accuracy of information provided prior to entry into the agreement - Accuracy to the best of one's knowledge - Extent to which knowledge distinguishable from belief - Aged Care Act 1997 (Cth) - User Rights Principles 1997 (Cth) -

LEGISLATION CITED : Aged Care Act 1997 (Cth) User Rights Principles 1997 (Cth)

Luna Park (NSW) Limited v Tramways Advertising Pty Limited (1938) 61 CLR 286 CASES CITED : Associated Newspapers Limited v Bancks (1951) 83 CLR 322 Mangrove Mountain Quarries Pty Limited v Barlow [2007] NSWSC 492

PARTIES : WILLOUGHBY RETIREMENT COMMUNITY ASSOCIATION v FREY, Shirley Rae

FILE NUMBER(S) : SC No. 1513 of 2007

COUNSEL : P: F Kunc D: T E F Hughes QC/T D F Hughes

SOLICITORS : P: Lindy Kearns D: Johnson Winter & Slattery

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HALL J

FRIDAY 15 JUNE 2007

No. 1513 of 2007

WILLOUGHBY RETIREMENT COMMUNITY ASSOCIATION v SHIRLEY RAE FREY JUDGMENT 1 HIS HONOUR: The plaintiff commenced proceedings by way of summons filed on 16 February 2007 in which the following relief was claimed against the defendant: "1. A declaration that the Resident Agreement between the Defendant and the Plaintiff dated 12 August 2005 has been validly terminated.