Bondi Beach Astra Retirement Village Pty Ltd

Successfully acted for Bondi Beach Astra Retirement Village Pty Ltd as plaintiff in Supreme Court of New South Wales Equity Division Real Property List proceedings with certain proprietors of a strata unit in a retirement village in their capacity as executors and successors in title to a deceased resident of the village. The defendants argued that our client was not an operator of the retirement village and that they were not bound to sell their unit as a unit in a retirement village but simply as a strata title unit for over 55s. The court agreed with our client’s position that it was an “operator” for the purposes of the Retirement Villages Act (NSW) and, in particular, that the unit in question formed part of a “retirement village” under the Act and thus the defendants were bound to comply with the Act if they wished to sell. The case is a leading precedent on the interaction of contract, strata and retirement village law. [ https://acsl.net.au/wp-content/uploads/2021/02/Bondi-Beach-Astra-Retirement-Village-Pty-Ltd-v-Assem-2020-NSWSC-1814-16-December-2020.pdf