Webb and Anr v Bondi Beach Astra [2015] NSWCATAP 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb and Anr v Bondi Beach Astra [2015] NSWCATAP 18 Hearing dates: 10 December 2014 Date of orders: 09 January 2015 Decision date: 09 January 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member D Patten, Principal Member Decision: application for leave to appeal is dismissed; the appeal is otherwise dismissed; no order as to costs. Catchwords: Anticipatory breach, Entitlement to damages Legislation Cited: Civil and Administrative Tribunal Act, 2013 Retirement Villages Act, 1989 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: John Martin Webb (first appellant) Nina Webb (second appellant) Bondi Beach Astra Retirement Village Pty Ltd (respondent) Representation: First appellant in person

Solicitors: JB McCooe, McCooe Raves and Poole File Number(s): AP 14/46494 formerly AP 14/0316 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: Not applicable Date of Decision: 1 August 2014 Before: K Rosser, Senior Member File Number(s): RV 14/11213

decision 1. In application RV 14/11213 (2014 application) the appellants sought compensation for breach of an Occupancy Agreement (agreement) between them and the respondent, the operator of a retirement village. 2. The appellants are the owners of a unit forming part of the retirement village complex which is located at Bondi. Under the terms of the agreement, the appellants were able to lease the unit. However any prospective tenant was required to be approved by the manager of the respondent and was also required to enter an occupancy agreement with the operator. 3. The basis of the claim was an alleged anticipatory breach by the respondent. Even though the appellants had not at that time submitted any prospective tenant for approval, the appellants asserted the respondent would not have approved any prospective tenants of the appellants. The appellants asserted they lost the sum of $16,400 being rent calculated from 15 May 2013 to 28 February 2014 at a rate of $400 per week. 4. The application was dismissed on 1 August 2014 and the Tribunal provided written reasons (decision). 5. The appellants appeal the decision.