Lynne Smith as executrix of the estate of the late Melville John Jack v Village Projects Pty Ltd t/a Sunrise Supported Living [2016] NSWCATCD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lynne Smith as executrix of the estate of the late Melville John Jack v Village Projects Pty Ltd t/a Sunrise Supported Living [2016] NSWCATCD 15 Hearing dates: 16 December 2015 Decision date: 24 February 2016 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. The respondent is to pay the applicant the sum of $3,470.00 immediately.

2. Pursuant to s 66 (3) (b) the respondent is to refrain from charging the applicant any further recurrent charges in respect of unit 18.

3. Any recurrent charges paid by the applicant for any period after 30 June 2015 are to be refunded immediately or, if they are adjusted on payment of exit fees, they are to bear interest in accordance with s 180(4) of the Act from the date of these orders until the date they are paid.

4. When the sale of Unit 18 is completed and exit fees are calculated the Applicant shall be entitled to interest pursuant to s 180(4) of the Act in respect of all monies to which the estate is entitled for the period from 14 July 2015 to the date when the payment is made. Catchwords: Sale of village unit - operator to respect rights of residents - operator not to interfere with the right of any resident to autonomy over his or her financial and other matters and over his or her possessions. Legislation Cited: Retirement Villages Act 1999 ss. 66, 128, 169 Cases Cited: Commonwealth v Amman Aviation Pty Ltd (1991) 174 CLR 64 Hungerfords v Walker (1989) 171 CLR 125 Pennant Hills Restaurants Pty Ltd v Barrell Insurances Pty Ltd (1981) 145 CLR 625 Category: Principal judgment Parties: Lynne Smith as executrix of the estate of the late Melville John Jack (applicant) Village Project Pty Ltd t/a Sunrise Supported Living (respondent) Representation: The applicant appeared in person. Mr Paul Greenup, company director, appeared on behalf of the respondent. File Number(s): RV 15/52363 Publication restriction: Nil