Au & Briffa v Freedom Aged Fairways Operations Pty Ltd [2017] NSWCATCD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Au & Briffa v Freedom Aged Fairways Operations Pty Ltd [2017] NSWCATCD 99 Hearing dates: 13 October 2017 Date of orders: 08 November 2017 Decision date: 08 November 2017 Jurisdiction: Consumer and Commercial Division Before: D G Charles Senior Member Decision: Declare that the Contracts made between the applicants as residents of 'Freedom Fairways' Retirement Village, Tweed Heads New South Wales (the Village) and the respondent as the Operator of the Village permit the Operator to vary the General Services Recurrent Charges (hereinafter referred to as 'recurrent charges') otherwise than in accordance with a fixed formula and exceeding the prescribed CPI Variation.

Declare that in the events which occurred the variations to the recurrent charges made by the respondent Operator as follows:

from $114.00 per week to $141.00 per week and purporting to take effect as of 1 June 2016; and

from $141.00 per week to $143.80 per week and purporting to take effect as of 1 April 2017;

came into effect on those dates otherwise than in accordance with Division 4 of Part 7 of the Retirement Villages Act 1999 NSW (the RV Act) and the Retirement Villages Regulation 2009 NSW, as then in force.

Declare that the variations of the recurrent charges made by the respondent Operator on or about 1 June 2016 and 1 April 2017, respectively, and as referred to in paragraphs 2 (a) and 2 (b) above, are invalid and of no effect.

Declare that the recurrent charges payable by each resident of the Village on and from 1 June 2016 are $114.00 per week, until any other variations take effect either in accordance with the procedure mandated by Part 7 Division 4 of the RV Act, or by order of the Tribunal pursuant to s 108 of the RV Act.