Clayton v The Salvation Army (New South Wales) Property Trust T/as Aged Care Plus [2019] NSWCATAP 233

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clayton v The Salvation Army (New South Wales) Property Trust T/as Aged Care Plus [2019] NSWCATAP 233 Hearing dates: 20 May 2019; Further written submissions of the respondent dated 13 June 2019 and of the applicant dated 1 August 2019 Date of orders: 17 September 2019 Decision date: 17 September 2019 Jurisdiction: Appeal Panel Before: D Charles, Senior Member R Perrignon, Senior Member Decision: 1. Appeal allowed.

2. The decision of the Tribunal at first instance is set aside.

3. Order that the appellant's claim be remitted to the Tribunal at first instance for determination by the Tribunal as originally constituted, or by such other member as may be available, with fresh evidence allowed. Catchwords: APPEAL – Retirement Village – alternative road access to Village via a boom gate - whether service or facility in Village reduced or withdrawn by operator – failure to take into account access to visitors and service vehicles such as ambulances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Retirement Villages Act 1999 (NSW) The Salvation Army (New South Wales) Property Trust Act 1929 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 6 Category: Principal judgment Parties: Peter Charles Clayton (Appellant)

The Salvation Army (New South Wales) Property Trust T/as Aged Care Plus (Respondent) Representation: Both parties self-represented File Number(s): AP 19/12927 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 18 February 2019 Before: G Sarginson, Senior Member File Number(s): RV 18/26752