Butterworth v Trustees of the Society of St Vincent de Paul (NSW)

The appeal was brought by Mr Butterworth against the Trustees of the Society of St Vincent de Paul (NSW) concerning the interpretation of an agreement under either the Residential Tenancies Act 1987 or The Retirement Villages Act 1999. The lower tribunal had previously ruled in favour of the defendant, but Mr Butterworth sought to challenge this decision, arguing that the tribunal had erred in law in its interpretation of the agreement. The court was required to determine whether the agreement in question fell under the Residential Tenancies Act 1987 or The Retirement Villages Act 1999, and whether the tribunal had correctly interpreted the terms of the agreement.

The court found that the tribunal had erred in its interpretation of the agreement and that it should be governed by the provisions of The Retirement Villages Act 1999 rather than the Residential Tenancies Act 1987. The court found that the agreement contained an unauthorised unilateral alteration that was not binding on the parties. The court held that the agreement was not a tenancy agreement but rather a contract for the provision of accommodation in a retirement village. The court further found that the tribunal had failed to properly consider the terms of the agreement and had not given sufficient weight to the evidence presented by Mr Butterworth.

The court allowed Mr Butterworth's appeal and set aside the decisions and orders of the tribunal. The court ordered that the Society of St Vincent De Paul pay Mr Butterworth's costs of the appeal on the ordinary basis unless some other entitlement to costs can be shown. The court also ordered that the exhibits may be returned and that liberty to apply on seven days notice if further orders are required. Finally, the court ordered that the Registry of the Court return the papers and files forwarded by the tribunal in the subject proceedings, together with a copy of these reasons.