The Vasey Housing Association NSW v Baume; The Vasey Housing Association NSW v Best [2017] NSWCATCD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Vasey Housing Association NSW v Baume; The Vasey Housing Association NSW v Best [2017] NSWCATCD 102 Hearing dates: 9 June 2017 and 7 August 2017 Date of orders: 10 November 2017 Decision date: 10 November 2017 Jurisdiction: Consumer and Commercial Division Before: S.A. McDonald, Senior Member Decision: (1) The Tribunal orders that the residence contracts of the two respondents, Mr Stephen Baume and Mr Richard Best, at the applicant's Parkview Retirement Village, (redacted), be terminated.

(2) The Tribunal orders that the two respondents, Mr Stephen Baume and Mr Richard Best, vacate the applicant's Parkview Retirement Village either on a date agreed between the parties or, in the absence of agreement, as ordered by the Tribunal. Catchwords: Retirement villages – terminating a residence contract – improving the village – development consents – notice – alternative accommodation – compensation Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retirement Villages Act 1999 Retirement Villages Regulations 2009 Retirement Villages Regulations 2017 Cases Cited: Penshurst Street Holdings Pty Limited v. Barker [2014] NSWCATCD 209 Elliott Tuthill Nominees Pty Limited v. Boele (Retirement Villages) [2011] NSWCTTT 50 Linkins v Rinbac Pty Ltd [2010] NSWSC 1199 Texts Cited: Retirement Village Law in NSW, Richard McCullagh, Thomson Reuters/Law Book Co., 2013. Category: Principal judgment Parties: The Vasey Housing Association NSW – Applicant Stephen Baume – Respondent (RV 16/55981) Richard Best – Respondent (RV 16/55983) Representation: Mr Arthur Koumoukelis, solicitor, Dentons for the Applicant Mr Peter Hill, solicitor, Hill & Co, Lawyers, for the Respondents File Number(s): RV 16/55981 (Baume) RV 16/55983 (Best) Publication restriction: Unrestricted