Murphy v The Trustees of Catholic Aged Care Sydney [2018] NSWCATCD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Murphy v The Trustees of Catholic Aged Care Sydney [2018] NSWCATCD 34 Hearing dates: 21 December 2017 Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Consumer and Commercial Division Before: Francesco Corsaro, SC, Senior Member Decision: (1) Application RV 17/28737 is dismissed because the Applicant did not prove to the Tribunal's satisfaction that there are any grounds for the orders claimed by the Applicant.

(2) Application RV 17/44236 is dismissed because the Applicant did not prove to the Tribunal's satisfaction that there are any grounds for the orders claimed by the Applicant. Catchwords: Retirement Villages - treatment of annual account deficits - the repayment of funds by the operator and repair works undertaken – renewal proceedings. Legislation Cited: Civil and Administrative Tribunal Act 2014 (NSW) Civil Procedure Act 2005 (NSW) Retirement Villages Act 2009 (NSW) Retirement Villages Regulation 2009 (NSW) Retirement Villages Regulation 2017 (NSW) Cases Cited: Armee v Brearley [2017] NSWCATAP 141 Expense Reduction Analysis Group Pty Ltd v Armstrong Strategic Management Pty Ltd (2013) 250 CLR 303 Sayhoun v Ownes Corporation Strata Plan 75123 [2014] NSWCATAP 112 Category: Principal judgment Parties: John Peter Murphy (Applicant) The Trustees of Catholic Aged Care Sydney (Respondent) Representation: The Applicant (In Person) Mr M Walsh, Barrister, Instructed by Makinson D'Apice (Ms Limon) representing the Respondent File Number(s): RV 17/28737 and RV 17/44236 Publication restriction: Nil