The Residents Committee, the Landings v Sakkara Investment Holdings Pty Ltd ATF Sakkara Landings Trust

The Residents Committee, The Landings brought an action against Sakkara Investment Holdings Pty Ltd ATF Sakkara Landings Trust in the Queensland Civil and Administrative Tribunal, seeking enforcement of orders for rectification and certification of defects in the retirement village, and approval of budgets and recurrent charges. The Tribunal had previously ordered rectification and certification of defects, which had not been complied with, and had ordered audits of budgets and accounts for financial years 2011/2012 and 2012/2013, and approval of budgets and recurrent charges for those years. The Tribunal had also ordered costs, which had not been paid. The Residents sought enforcement of the previous orders, approval of the budgets and recurrent charges, and costs of the proceedings. The operator argued that the orders had been complied with, that an agreement had been reached with the solicitor for the Residents in relation to the costs, and that the costs order should be set aside. The Tribunal found that the orders for rectification and certification of defects had not been complied with, and ordered the operator to carry out the necessary work and provide certification within specified timeframes. The Tribunal found that the agreement between the parties in relation to the costs was binding, and ordered the operator to pay the costs to the Residents. The Tribunal also approved the budgets and recurrent charges for financial years 2011/2012 and 2012/2013, and ordered the operator to undertake audits of the budgets and accounts within specified timeframes. The Tribunal adjourned the applications by the residents for orders in relation to newly identified defects, reconnection of the water tank and irrigation system, and compensation for failure to reconnect the system and other claims for compensation, to a date to be fixed for directions.

The Tribunal considered the evidence and submissions of the parties, and found that the operator had not complied with the previous orders for rectification and certification of defects, and that the agreement between the parties in relation to the costs was binding. The Tribunal found that the operator had not undertaken the necessary audits of the budgets and accounts for financial years 2011/2012 and 2012/2013, and that the budgets and recurrent charges should be approved as ordered. The Tribunal also found that the applications by the residents for orders in relation to newly identified defects, reconnection of the water tank and irrigation system, and compensation for failure to reconnect the system and other claims for compensation, should be adjourned to a date to be fixed for directions. The Tribunal ordered the operator to carry out the necessary work and provide certification within specified timeframes, to pay the costs to the Residents, and to undertake audits of the budgets and accounts within specified timeframes. The Tribunal also approved the budgets and recurrent charges for financial years 2011/2012 and 2012/2013, and adjourned the applications by the residents for further directions.