New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 182E

182E Application for enforcement of charge

(1) A person may apply to the Supreme Court for an order under section 182F in relation to land within a retirement village in respect of which the person is a resident or former occupant if--

(a) the operator of the retirement village has become insolvent or an administrator has been appointed under Division 6 of Part 6, and

(b) the person is of the opinion that it is unlikely that the operator will be able to refund the part of the ingoing contribution that the applicant is entitled to be refunded under a village contract relating to that retirement village.

(2) A mortgagee, receiver or administrator of land within a retirement village may apply to the Supreme Court for an order under section 182F in relation to land within a retirement village if--

(a) the operator of the retirement village has become insolvent or an administrator has been appointed under Division 6 of Part 6, and

(b) the applicant is of the opinion that it is unlikely that the operator will be able to refund any part of an ingoing contribution that a resident or former resident is entitled to be refunded under a village contract relating to that retirement village.