Bondi Beach Astra Retirement Village Pty Ltd v Jean Edith Hohman as Executor of the Estate of the late Rita Doreen Borthwick [2009] NSWSC 340

New South Wales Supreme Court

CITATION : Bondi Beach Astra Retirement Village Pty Ltd v Jean Edith Hohman as Executor of the Estate of the late Rita Doreen Borthwick [2009] NSWSC 340

HEARING DATE(S) : 23 March 2009

JUDGMENT DATE : 30 April 2009

JUDGMENT OF : Harrison J

DECISION : Amended Summons dismissed

CATCHWORDS : ADMINISTRATIVE LAW – Consumer, Trader and Tenancy Tribunal Act, 2001 s 67 – appeal against decision of Tribunal on a question of law - whether operator of a retirement village failed properly to exercise options to purchase a unit from the owner/occupier of the unit in the retirement village contained in two deeds made between it and the occupier – whether owner/occupier had permanently vacated the unit – Retirement Villages Act 1999 s167 – whether the section applied to the options in favour of the operator in circumstances where the specified events triggering a right to exercise the options had not occurred – no error of law

Civil Procedure Act 2005 LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001 Retirement Villages Act 1999

CATEGORY : Principal judgment

Bondi Beach Astra Retirement Village Pty Ltd (Plaintiff) PARTIES : Jean Edith Hohman as Executor of the Estate of the late Rita Doreen Borthwick (First Defendant) Consumer Trader and Tenancy Tribunal (Second Defendant)

FILE NUMBER(S) : SC 30110 of 2008

COUNSEL : R J Brender (Plaintiff) M Holmes (First Defendant)

SOLICITORS : Stephen Wawn & Associates (Plaintiff) Manion McCosker (First Defendant)

LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW