Sakkara Investment Holding Pty Ltd atf Sakkara Landings Trust v Residents Committee The Landings [2017] NSWCATCD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sakkara Investment Holding Pty Ltd atf Sakkara Landings Trust v Residents Committee The Landings [2017] NSWCATCD 29 Hearing dates: 13 and 14 April 2016; 15 September 2016; 14 October 2016 Decision date: 31 May 2017 Jurisdiction: Consumer and Commercial Division Before: G Meadows, Senior Member Decision: 1 Pursuant to section 115(2)(d) of the Retirement Villages Act 1999 (RV Act) I order that the expenditure is to be as itemised in the enclosed proposed annual budget annexed as Attachment 7 for the financial year commencing 1 July 2015 and ending 30 June 2016 to a total of $ $1,851,072.00 2 Pursuant to section 108(2) of the RV Act I order that the proposed variation to the recurrent charges payable by the residents be set at $701.16 per dwelling per month Legislation Cited: Retirement Villages Act 1999 Category: Principal judgment Parties: Sakkara Investment Holding Pty Ltd atf Sakkara Landings Trust—applicant; Residents Committee The Landings—respondent File Number(s): RV 15/66111 Publication restriction: Nil

Table of Contents APPLICATION BACKGROUND EVIDENCE Documentary Evidence Applicant's Evidence Statement of Charles Gordon Cupit Statements of Suzanne Carmel Lawrence Statement of 18 February 2016 Statement of 25 February 2016 Statement of 08 April 2016 Statement of 31 August 2016 Statements of Catherine Jane Montgomery Statement of 17 February 2016 Statement in Reply of 08 April 2016 Statements of David Peter Bedingfield Statement of 17 February 2016 Statement in Reply of 08 April 2016 Statement of Robert Stanley Jones 25 February 2016 Statement in Reply of Alan Dempsey dated 08 April 2016 Statement of Alex Marvelly dated 08 April 2016 Mitchell Burge Report of 17 September 2014 Mitchell Burge Report of 08 April 2016 Statement of Jerram Chippindale dated 08 April 2016 Respondent's Evidence Statements of Andrew Richard Burgess Affidavit of 23 March 2016 Statement of 29 August 2016 Statement of 08 September 2016 Statements of Neil Leybourne Smith Statement of 23 March 2016 LEGISLATIVE FRAMEWORK REGULATING RETIREMENT VILLAGES CONSIDERATION AND DETERMINATION Jurisdiction Preliminary "to facilitate resident input, where desired by residents, into the management of retirement villages" Adequate Provision of Information Capital Repairs, Capital Maintenance and Capital Replacement Item 6: Wages Administration Item 7: Wages Maintenance Item 12: Wages Replacement Staff Item 13: Recruitment Temporary Employees Item 18: Insurances Item 37: Tradesman Repairs Item 45: Security, Annual Fire and Safety Audit Item 46: Temper Valve Compliance Item 48: Electricity Items 63 and 64: Air Conditioning Maintenance Contract and Air Conditioning R&M Materials Item 69: Optional Services Recouped Item 70: Capital Works Fund Attachment 1: FY16-3 Proposed Budget Attachment 2: Items in dispute by budget version (variations compared to FY15) Attachment 3: Items in dispute by budget version showing variation – compared to FY15 proposed budget Attachment 4: Items in dispute by budget version showing variation – compared to FY15 actual budget Attachment 5: proposed budgets for item 37: Tradesman Repairs. Attachment 6: Parties' Submissions Attachment 7: Sakkara Budget 01/07/2015 to 30/06/2016