New South Wales Consolidated Acts

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RETIREMENT VILLAGES ACT 1999 - SECT 173

Tribunal's determination in relation to proposed purchaser

173 Tribunal's determination in relation to proposed purchaser

(1) On application under section 171 (4) or 172 (1), the Tribunal is to determine whether the operator's decision not to enter into a service contract concerned is reasonable in the circumstances, having regard to--
(a) whether the residential premises concerned are suitable for occupation by the purchaser (or another person the purchaser intends to allow to live in the premises), having regard to his or her physical and mental capacity, and
(b) any other factor that the Tribunal considers relevant.
(2) For the purposes of subsection (1) (b), the age of the purchaser (or another person the purchaser intends to allow to live in the premises) is not relevant if the purchaser (or the other person) is a retired person.
(3) On making its determination under subsection (1), the Tribunal may make an order of the kind referred to in section 171 (4) or 172 (1), as appropriate, regardless of whether that is the order sought.
(4) An order referred to in section 172 (1) or (2) may also, if the Tribunal considers it appropriate, set the terms of the service contract to be entered into, having regard to the service contracts in force in the village and the sample contract available for inspection under section 20.
(5) If the Tribunal makes the order referred to in section 172 (2), the Tribunal may also order the operator to pay such compensation to the vendor or the purchaser (or both) for delay and inconvenience as it considers just in the circumstances.



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