Trevor Olrog and Annette Olrog v Halliday Shores Retirement Village Pty Ltd [2014] NSWCATCD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Trevor Olrog and Annette Olrog v Halliday Shores Retirement Village Pty Ltd [2014] NSWCATCD 168 Hearing dates: 13 August 2014 Decision date: 08 September 2014 Before: JA Levingston, General Member Decision: 1. The application is dismissed. 2. The exhibits are to be returned to the parties. Catchwords: RETIREMENT VILLAGE - departure fee - application for partial refund - alleged unfair conduct of operator causing financial hardship to applicants - no evidence to support allegation Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 s 29 Retirement Villages Act 1999 (NSW) ss 43, 123, 126, 128, 161, 168, 180(5) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Trevor Olrog and Annette Olrog (applicants) Halliday Shores Retirement Village Pty Ltd (respondent) Representation: Nil Nil File Number(s): RV 14/12195 Publication restriction: Unrestricted

reasons for decision

Application 1This is an application filed on 28 February 2014 pursuant to the Retirement Villages Act 1999 (RVA) ss 161 and 180 for a partial refund of the departure fee charged by the respondent.

Appearances 2Both parties appeared and the application was opposed.

Jurisdiction 3The Tribunal has jurisdiction pursuant to the Civil and Administrative Tribunal Act 2013 (NSW) ("CATA") s 29 (General jurisdiction) and Schedule 4 clause 3 (Functions allocated to Division); and power to make orders pursuant to the RVA ss 123 (Jurisdiction of the Tribunal), 126 (Ancillary orders), 127 (No monetary limit on jurisdiction of Tribunal), 128 (Order of Tribunal) and 180 (Payments to former occupants who were registered interest holders) directing the operator to recalculate an amount due to former occupants in accordance with directions of the Tribunal; pay any additional amount due to the former occupant as a result of the recalculation, and order the payment of interest on that additional amount at the rate prescribed by the RVR cl 28 which applies the rate in the Civil Procedure Act 2005 (NSW) s 101 for interest on a judgment debt.