Howes v Dobson Developments Pty Ltd

The appeal concerned the application of the *Retirement Villages Act 1999* (NSW) to a retirement village established prior to its commencement. The parties were Dobson Developments Pty Ltd (the owner and operator of the retirement village) and the residents, represented by Mr Howes. The dispute centred on whether the owner was precluded from terminating licence agreements with residents under the new Act, and whether the *Retirement Village Industry Code of Practice* applied. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues before the Court were: (1) whether the definition of "retirement village" in the *Retirement Villages Act 1999* encompassed the village in question, given its pre-existing status; (2) whether the owner was an "administering authority" for the purposes of the Act; (3) whether the *Retirement Village Industry Code of Practice* applied to the village; and (4) whether the *Retirement Villages Act 1999* ousted the Supreme Court's jurisdiction to hear the matter or precluded the owner from terminating the licence agreements.

The Court reasoned that the *Retirement Villages Act 1999* was intended to apply retrospectively to retirement villages established before its commencement, including the definition of "retirement village" and the application of the Code of Practice. It found that the owner, by virtue of its control and management of the village, constituted an "administering authority" under the Act. The Court further determined that the Act did not preclude the Supreme Court's jurisdiction and that the owner was not prevented from terminating the licence agreements, as the Act's provisions regarding termination were not applicable in this instance.

Ultimately, the Court allowed the appeal, finding that the *Retirement Villages Act 1999* did not prevent the owner from terminating the licence agreements.