John Murphy v Office Holders of Vaughan Village Residents Association [2015] NSWCATCD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: John Murphy v Office Holders of Vaughan Village Residents Association [2015] NSWCATCD 45 Hearing dates: 17 September 2014 Decision date: 01 April 2015 Jurisdiction: Consumer and Commercial Division Before: Geoffrey Meadows, Senior Member Decision: The application is dismissed for lack of jurisdiction Catchwords: Retirement Village Legislation Cited: Civil and Administrative Tribunal Act 2013 Retirement Villages Act 1996 Category: Principal judgment Parties: John Murphy (applicant) Office Holders of Vaughan Village Residents Association (respondent) Representation: Applicant in person Mr Shumsky, Ms Holmes and Mr Shepherd (respondent) File Number(s): RV 14/32017 Publication restriction: Nil

REASONS FOR DECISION

Background 1. This application was filed in June 2014 seeking the following orders: "ORDER DETAILS 13. What orders do you want Section/s Terms of the order/s 47 Appendix to constitution (Minutes 2011) is inconsistent with the rules which were not rescinded. 51(3) The residents of Vaughan Village did not consent to the amendment (appendix) by Special resolution. 52(2)(a) prohibit the proposed amendment 54(1)(a) The Tribunal rule that the appendix to the constitution be ruled invalid 54(1)(b) The Tribunal rule the appendix is unjust, unconscionable and oppressive and is designed exclude some residents from ever holding the office of Chairman 71(1) The Residents Committee must conform to Vaughan Village regulations 71(2) The Residents Committee conform to the Vaughan Village rules. 75(2) R. J. O'Shea Management and staff must not attend or remain at a meeting of residents Unless the residents at the meeting consent to their presence at the meeting. 75(2B) That the Operator or operator's representative must not be present at a meeting of the Residents during the casting of any vote that is to be taken by the residents at the Meeting. 128(1)(c) Restrain the Vaughan Village Committee from ignoring the constitution and rules of Vaughan Village by not electing a Chairman at the AGM , not circulating an agenda, refusing to put items requested by residents on an agenda, not requiring motions to be put and seconded and taking a vote and recording those for, against and abstaining by not keeping accurate minutes and refusing to give residents copies, by refusing to table correspondence and accepting resolutions to accept budgets when information is incomplete." 1. In documents filed on 1 September 2014, the applicant sought amended or further orders as follows: 1. That the Tribunal declare the Vaughan Village Residents Association Advisory Committee Meeting Monday 4 August be declared invalid as a quorum was not present; 2. That the Tribunal declare the Vaughan Village Residents Association Meeting 6 May 2014 be declared invalid as the meeting was attended by a Father Joseph Aikaramattam, a tenant, whom the village believed to be a resident. 3. the Tribunal declare the Annual General Meeting of the Vaughan Village Residents Association and the election of office bearers illegal; 4. That the Tribunal order the Vaughan Village Residents Association to adopt the Model Rules and set aside the now unworkable constitution; 5. An order that section 75(2) of the Act be adhered to; 6. An order prohibiting the amendment [to the constitution] and directing the amendment be modified by instead using the NSW Fair Trading Model Rules; 7. An order that the Tribunal denies the legal validity of the Appendix to the Constitution in force in the Village; 8. An order setting aside the Appendix; 9. An order that the Appendix is of no effect to the extent that it is inconsistent with the Vaughan Village Residents Association Constitution established under the Retirement Villages Act 1999; 1. The application was originally filed with the applicant's name spelled "Nurphy" and the operator described as "Trustees Catholic Aged Care". In accordance with the Registry's usual procedures, the operator was entered as the respondent. These two identifications were later amended following correspondence from the applicant, first to spell his name correctly as "Murphy" and secondly to amend the name of the respondent to "Office Holders of Vaughan Village Residents Association". 2. I note that the orders sought by the applicant are in essence directed against the Vaughan Village Residents Association. Although the original orders do refer to the operator and to R. J. O'Shea Management, the burden of the orders sought is nevertheless in relation to the functioning of the Vaughan Village Residents Association as implemented and controlled by the Vaughan Village Residents Association. This is not an application against the operator of the Village.