Queens Lake Village Pty Ltd v Queens Lake Village Residents Association [2011] NSWDC 21

District Court New South Wales

Medium Neutral Citation: Queens Lake Village Pty Ltd v Queens Lake Village Residents Association [2011] NSWDC 21 Hearing dates: 14 & 15 March, 8 April 2011 Decision date: 08 April 2011 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.The appeal by Queens Lake Village Pty Ltd is dismissed; 2.The orders made on 9 December 2010 by the Consumer, Trader and Tenancy Tribunal in proceedings numbered RV 10/28914 and RV 10/31794 are confirmed; 3.Queens Lake Village Pty Ltd is to pay the costs of the Queens Lake Village Residents Association on the ordinary basis unless otherwise ordered; 4.The exhibits may be returned; 5.Liberty to apply on 7 days notice if further orders are required. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - appeal from decision of Consumer Trader and Tenancy Tribunal - whether questions have arisen pursuant to s 67(1) of the Consumer Trader and Tenancy Tribunal Act 2001 with respect to matters of law - whether evidence mandated that CTTT exercise statutory discretion in favour of appellant; INTERPRETATION OF STATUTES - whether purposive construction of applicable provisions of the Retirement Villages Act 2009 and the applicable regulations under the Retirement Villages Regulation 2009 permits the operator of a retirement village to impose on the residents certain overhead items of contentious expenditure - whether refusal of CTTT to so order involves a question with respect to a matter of law Legislation Cited: Consumer Trader and Tenancy Tribunal Act 2001, s 67(1) Retirement Villages Act 1999, ss 100, 107, 108, 112, 115, 199 Retirement Villages Regulation 2009, reg 17, reg 26 Uniform Civil Procedure Rules 2005, r 12.1(b) Cases Cited: Antaios Compannia Naviera SA v Salen Rederierna AB [1985] AC 191 House v The King [1936] HCA 40; (1936) 55 CLR 499 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165 Texts Cited: Hansard, Retirement Villages Bill 1999, Second Reading Category: Principal judgment Parties: Queens Lake Village Pty Ltd (Appellant) Queens Lake Village Residents Association (Respondent) Representation: Mr I Griscti (Appellant) Mr PW Hill, solicitor (Respondent) Gadens (Appellant) Hill & Co (Respondent) File Number(s): 2010/4255534