Pittwater Palms Management Pty Ltd (Applicant); The Residents Committee Pittwater Palms Management (Respondent) [2016] NSWCATCD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pittwater Palms Management Pty Ltd (Applicant); The Residents Committee Pittwater Palms Management (Respondent) [2016] NSWCATCD 18 Hearing dates: 11 November 2015 and 19 February 2016 Decision date: 31 March 2016 Jurisdiction: Consumer and Commercial Division Before: Ms S. Thode, Senior Member Decision: The application RV 15/54050 is dismissed. Catchwords: RETIREMENT VILLAGES - preliminary question of jurisdiction – meaning of proposed annual budget Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW); Retirement Villages Act 1999 (NSW) Category: Principal judgment Parties: Pittwater Palms Management Pty Ltd (Applicant) The Residents Committee Pittwater Palms Management (Respondent) Representation: Mr A. Koumoukelis Gadens solicitors for the appellant Mr T. Rollo, Carroll O'Dea solicitors for the respondent File Number(s): RV 15/54050 Publication restriction: None

reasons for decision Introduction 1. In an application filed on 24 September 2015 Pittwater Palms Management Pty Ltd (the operator) seeks approval of the proposed expenditure under s 115 and orders under s 108 to vary recurrent charges paid by Lodge residents to reflect the changes to the cost of operating the Lodge in the 2015/16 financial year. 2. The Resident Committee of the Lodge (the residents) opposed some items in dispute. The operator seeks an order allowing all items of expenditure as itemised in a document entitled "proposed annual budget" except for those items disputed by the Lodge residents pursuant to the mechanism set out in section 114. 3. The matter was first listed for directions on 16 October 2015. The substantive application effectively seeks a declaration that the Lodge budget (as opposed to the Village budget) be approved. 4. On 15 October 2015 the hearing was adjourned to hearing on 17 November 2015 to determine a preliminary jurisdictional issue raised by the respondent.