By-Laws – Exclusive Use and Special Privileges

RETIREMENT VILLAGES – Retirement Villages Act 1999(NSW), s 5 – meaning of “retirement village” – “village contracts” – whether contracts giving rise to “residence right” – whether contracts “under which” services provided – whether complex “predominantly or exclusively” occupied or intended to be occupied by residents having village contracts with operator

RETIREMENT VILLAGES – Retirement Villages Act 1999(NSW) – meaning of “operator” of retirement village – whether plaintiff manages or controls village – whether sufficient that plaintiff owns land in the village or is within Retirement Villages Regulation 2017 (NSW), reg 6 – meaning of “land”

RETIREMENT VILLAGES – Retirement Villages Act 1999(NSW), s 171 – where prospective seller not a resident – whether “vendor” must be a “resident” of village – whether s 171 applies to operator not involved in management or control of village

CONTRACTS – uncertainty – where clause requires that any contract for sale of property be subject to purchaser’s agreement with third party – whether clause void for uncertainty as agreement to agree – whether purchaser under contract for sale would have discretion not to perform

CONTRACTS – restraints on alienation – where clause requires that any contract for sale of property be subject to purchaser’s agreement with third party – whether clause void as impermissible restraint on alienation of land – whether restraint has valid collateral purpose

Bondi Beach Astra Retirement Village Pty Ltd v Assem [2020] NSWSC 1814 (16 December 2020)