Golding v Lusping Pty Ltd

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Golding v Lusping Pty Ltd  [2019] QCAT 352

PARTIES:

PAUL HENRY GOLDING

(applicant)

v

LUSPING PTY LTD

(respondent)

APPLICATION NO/S:

OCL075-18

MATTER TYPE:

Other civil dispute matters

DELIVERED ON:

21 November 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

Application dismissed.

CATCHWORDS:

ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – DEVELOPMENT CONTROL – CONTROL OF PARTICULAR MATTERS – RESIDENTIAL – where the applicant entered into a residence contract in a retirement village – where subsequently general service charges increased by more than CPI – whether the increases greater than CPI were valid – whether contributions to the maintenance reserve fund were used for general service purposes – whether increased contributions to the maintenance reserve fund were authorised by special resolution – whether special resolution was necessary

TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS – MISLEADING OR DECEPTIVE CONDUCT GENERALLY – where the applicant claimed misleading or deceptive conduct on the part of the scheme operators – where the applicant claimed misrepresentation by silence or nondisclosure – whether the scheme operators failed to disclose material facts – where the scheme operators were unaware of the matters which the applicant claimed had not been disclosed

Retirement Villages Act 1999 (Qld) s 5, s 7, s 8, s 12, s 19, s 21, s 86, s 100, s 106, s 107

Clifford v Vegas Enterprises Pty Ltd (No 5) [2010] FCA 916

Demagogue Pty Ltd v Ramensky [1992] FCA 557
Elevate NSW Pty Ltd v Canada Bay Private Hospital Pty Ltd [2019] FCA 1248
Miller & Associates Insurance Broking Pty Ltd v BMW [2010] HCA 31
Australia Finance Limited [2010] HCA 31
Thompson and Anor v Jedanhay Pty Ltd [2012] QCATA 246

Wheelahan & Anor v City of Casey & Ors [2013] VSC 316

REPRESENTATION:
Applicant:	Self-represented
Respondent:	Butler McDermott Lawyers
APPEARANCES:	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

1. On 22 November 2016 Mr Golding purchased a freehold title unit in Laurel Springs Retirement Village (‘the Village’) from a previous resident.

2. The Village is made up of 16 bodies corporate comprising 76 freehold title units. On that day he signed a residence contract and service agreement with the scheme operator, Lusping Pty Ltd.

3. As then required by the Retirement Villages Act 1999 (Qld) (‘the Act’), Lusping supplied Mr Golding with a Public Information Document (‘PID’).

4. In November 2018 Mr Golding filed an application for a tribunal hearing of a retirement village dispute. He seeks orders that his residence contract and service agreement be set aside and a mortgage and caveat given the scheme operators under the residence contract be cancelled. He intends to continue to live at the Village, however.

5. Mr Golding says in his application that the reasons he seeks those orders are:

   (a)Because the scheme operators…