Estate of Madeline Cozma v Milstern Retirement Living Pty Ltd t/as Golden Lifestyles

The dispute in the Estate of Madeline Cozma versus Milstern Retirement Living Pty Ltd t/as Golden Lifestyles concerns the fees payable upon the sale of a retirement unit. The case was heard by the Australian Civil Disputes Tribunal. The primary issue for the Tribunal was whether the departure fee charged by Milstern Retirement Living, which was significantly higher than the 10% of the sale price plus GST permitted by the Retirement Villages Act 1999, was justified. The Estate of Madeline Cozma argued that the fee was excessive and that Milstern had failed to market and promote the unit for sale, leading to an unjustified prolonged vacancy. Milstern, on the other hand, contended that the fee was reasonable and that they had made reasonable efforts to market the unit.

The Tribunal found that the departure fee was excessive and ordered that it be limited to 10% of the sale price plus GST. The Tribunal held that Milstern had failed to demonstrate that the higher fee was justified under the Act. Furthermore, the Tribunal found that there was insufficient evidence to support Milstern's claim that they had made reasonable efforts to market the unit for sale. The Tribunal dismissed the application on the basis that it was misconceived, finding that the Estate of Madeline Cozma had not established a valid claim for relief.

In summary, the Tribunal found that the departure fee charged by Milstern was excessive and ordered that it be limited to 10% of the sale price plus GST. The Tribunal also found that Milstern had failed to market and promote the unit for sale in a reasonable manner. The application was dismissed on the basis that it was misconceived, and no further relief was granted to the Estate of Madeline Cozma.