Residents Committee of Carey Bay Retirement Village v Anglican Care [2019] NSWCATCD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Residents Committee of Carey Bay Retirement Village v Anglican Care [2019] NSWCATCD 37 Hearing dates: 22 & 23 November 2018 Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, orders and reasons for decision published on 26 March 2019 are amended on 29 April 2019 to read as follows:

1. The application of the Residents Committee is dismissed.

2. Each party shall bear their own costs. Catchwords: Retirement Villages – variation of services – whether the implementation of a new medical emergency call system constituted a variation of services or a withdrawal of services for the purposes of the Act – whether implementation of the variation was necessary having regard to other factors – whether the implementation of the varied service constitutes a breach of residents' contracts – whether the Respondent was entitled to impose recurrent charges for the maintenance of the new service. Legislation Cited: Civil Liability Act 2002 Retirement Villages Act 1999 ss 59; 60; 62; 66; 128 Retirement Villages Regulation 2017 Reg. 26 Cases Cited: Bennett v Georges Presbytery Aged Care (Retirement Villages) [2002] NSWCTT 897 Certain Loyd's Underwriters v Cross (2012) 248 CLR 370) Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Category: Principal judgment Parties: Residents Committee of Carey Bay Retirement Village (Applicant) Anglican Care (Respondent) Representation: Counsel: Mr I Griscti (Respondent)