Sakkara Investment Holdings Pty Ltd as trustee for Sakkara Landings Trust v The Residents Committee of The Landings Retirement Village [2016] NSWCATAP 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sakkara Investment Holdings Pty Ltd as trustee for Sakkara Landings Trust v The Residents Committee of The Landings Retirement Village [2016] NSWCATAP 52 Hearing dates: 01 December 2015 Date of orders: 23 February 2016 Decision date: 23 February 2016 Jurisdiction: Appeal Panel Before: Wright J, President M Harrowell, Principal Member Decision: 1. The appellant is given leave to appeal in respect of the appeal against orders 4, 5 and 6 of the orders made in the Consumer and Commercial Division on 3 September 2015. 2. The appeal in respect of order 2 made in the Consumer and Commercial Division on 3 September 2015 is dismissed. 3. The appeal in respect of orders 4, 5 and 6 made in the Consumer and Commercial Division on 3 September 2015 is allowed. 4. Orders 4, 5 and 6 made in the Consumer and Commercial Division on 3 September 2015 are set aside. 5. There is no order as to costs in respect of this appeal. Catchwords: RETIREMENT VILLAGES – Retirement Villages Act 1999 (NSW) – under s 116(3) operator must expend money received by way of recurrent charges in accordance with the approved annual budget or authorised amendment – under s 116(3A) an operator does not contravene s 116(3) if three additional factual circumstances apply – whether operator of retirement village bears onus of proving matters in s 116(3A) – operator bears onus of proof.

​RETIREMENT VILLAGES – Retirement Villages Act 1999 (NSW) – under s 119(4) the format of audited annual accounts must correspond as closely as possible with the layout of the proposed annual budget – difficulty of satisfying s 116(3A) where audited annual accounts do not comply with s 119(4) – operator unable to satisfy requirements of s 116(3A).