QUEENSLAND CIVIL AND
ADMINISTRATIVE TRUBUNAL
CITATION:
Bell v Yeronga Village Pty Ltd [2025] QCATA 12
PARTIES:
REGINALD JOHN BELL (applicant)
v
YERONGA VILLAGE PTY LTD ATF THE YV UNIT TRUST T/AS THE VILLAGE RETIREMENT GROUP (respondent)
APPLICATION NO:
APL081-23
ORIGINATING APPLICATION NO:
OCL102 of 2021
MATTER TYPE
Appeals
DELIVERED ON:
4 February 2025
HEARING DATE:
On the papers
HEARD AT:
Brisbane
MEMBER:
Judicial Member Stilgoe OAM
ORDER/S:
1. The appeal is allowed.
2. The applications in OCL058 21 and OCL10221 are dismissed.
CATCHWORDS:
APPEAL – RETIREMENT VILLAGE – leave not required as appeal on legal issues only – where Tribunal failed to respond to a substantial, clearly articulated argument raised squarely on the material before it – where Appeal allowed.
REAL PROPERTY – RETIREMENT VILLAGE – whether the respondent’s conduct was misleading and deceptive under s 86 of Retirement Villages Act 1999 (Qld) – where contract previously terminated - where available remedy is the setting aside of the contract – whether applicant entitled to compensation for breaches of ss 60 and 67 of Retirement Villages Act 1999 (Qld) – where evidence provided was insufficient – Applications dismissed.
Queensland Civil and Administrative Tribunal Act 2009 s 142, s 146
Retirement Villages Act 1999, s 9, s 21, s 22, s 60, s 67, s 86, s 167, s 169, s 170, s 171, s 173, s 191, s 193
Brown and Anor v Noosa Constructions Pty Ltd [2012] QCATA 194
Chancellor Park Retirement Village Pty Ltd v Retirement Village Tribunal [2004] 1 Qd R 346
Dranichnikov v Minister for Immigration and Multicultural & Indigenous Affairs (2003) 77 ALJR 1088
Leach and Anor v Wishart Christian Village Association Inc [2012] QCAT 467
Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421
The King v Wallis (1949) 78 CLR 529APPEARANCES:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)
REASONS FOR DECISION
In November 2019, Reginald Bell purchased a right to reside in a retirement village operated by Yeronga Village Pty Ltd. He lived in the village until he sold his right in September 2021.
In August 2021, Mr Bell filed a ‘Dispute notice for referral to mediation’ alleging Yeronga had breached provisions of the Retirement Villages Act 1999.
The mediation was unsuccessful. Mr Bell filed a further application for a Tribunal hearing seeking:
(a)an order, under s 170(2), setting aside the residence contract;
(b)orders, under s 193(2), requiring Yeronga to compensate loss and damages to Mr Bell; and
(c)any other orders, under s 191, considered by the Tribunal to be just to resolve the matter.
The Tribunal dismissed Mr Bell’s applications. He now appeals that decision submitting that the Tribunal erred in:
(a)failing to consider its power to grant relief under s 191, via s 191(4) or s 167;
(b)failing…
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- Case
- [2025] QCATA 12
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the respondent's conduct was misleading and deceptive under section 86 of the Retirement Villages Act 1999 (Qld) and if the applicant was entitled to compensation for breaches of sections 60 and 67 of the same Act. Additionally, the court examined whether the contract could be set aside, given that it had already been terminated. The applicant argued that the tribunal's decision to dismiss the claims was flawed as it failed to properly address the arguments raised.
In its reasoning, the court noted that the tribunal did not respond to the applicant's clearly articulated argument, which was squarely based on the material presented. The tribunal's failure to address this substantial argument constituted a significant error. The appeal was allowed on this basis, and the matter was remitted to QCAT for reconsideration. However, regarding the applicant's entitlement to compensation, the court held that the evidence provided was insufficient to support such a claim. As a result, the applications for compensation were dismissed. The court did not make any further orders beyond the remittal to QCAT for reconsideration of the misleading and deceptive conduct claim.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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