RSL Life Care Ltd v Lamb [2015] NSWCATAP 251

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: RSL Life Care Ltd v Lamb [2015] NSWCATAP 251 Hearing dates: 30 June 2015 Date of orders: 24 November 2015 Decision date: 24 November 2015 Jurisdiction: Appeal Panel Before: L Robberds QC, Senior Member S Thode, Senior Member Decision: (1) The appeal is dismissed. Catchwords: RETIREMENT VILLAGES - Village Contract – prescribed standard form – non-compliance with prescribed form – maximum amount payable by resident for legal and other expenses incurred by operator in connection with preparation of village contract fixed at $200 – loan agreement required residents to pay $600 towards the costs of preparation of that agreement – was the loan agreement a village contract Legislation Cited: Retirement Villages Act 1999 (NSW) Retirement Villages Regulation 2009 (NSW) Cases Cited: Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 Re. Nanaimo Community Hotel Limited [1945] 3 DLR 225 Our Town FM Pty Ltd v Australian Broadcasting Tribunal (1987) 16 FCR 465 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 R v Orcher (1999) 48 NSWLR 273 Health Insurance Commission v Freeman (1998) 158 ALR 267 Taciak v Commissioner of Australian Federal Police (1995) 59 FCR 285 Category: Principal judgment Parties: RSL Life Care Ltd (Appellant) Robert Lamb and Sharon Lamb (Respondents) Representation: Counsel: B Ilkovski (Appellant)