Beattie v Wesley Mission [2017] NSWCATAP 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Beattie v Wesley Mission [2017] NSWCATAP 12 Hearing dates: 4 October 2016 Date of orders: 16 January 2017 Decision date: 16 January 2017 Jurisdiction: Appeal Panel Before: Cowdroy ADCJ, QC, Principal Member A Boxall, Senior Member Decision: Appeal dismissed Catchwords: Leave to appeal; appeal as of right; guiding principles; retirement village budget; budget amendments; variation of expenditure; making good deficit; carry forward of deficit; contingencies. Legislation Cited: Civil and Administrative Tribunal Act 2013, sections 17, 36, 80, Schedule 4 Retirement Villages Act 1999, sections 4, 99, 115A, 116, 117, 120C, 128 Retirement Villages Regulations, regulations 20 and 33, Cases Cited: Collins v Urban [2014] NSWCATAP 17 Sakkara Investment Holdings Pty Limited as trustee for Sakkara Landings Trust v The Residents Committee of The Landings Retirement Village [2016] NSWCATAP 52 Category: Principal judgment Parties: Lorraine Beattie (Appellant) Wesley Mission (Respondent) Representation: Solicitors: L Beattie (Appellant in person) BBW Lawyers (Respondent) File Number(s): AP 16/32979 Decision under appeal Court or tribunal: NSW Civil & Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 22 June 2016 Before: G Meadows, Senior Member File Number(s): RV 16/07113