New South Wales Consolidated Acts

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Costs of obtaining certificate

30 Costs of obtaining certificate

(1) The reasonable costs of obtaining a certificate required by section 29 are payable by the operator of the retirement village as if the operator, and not the resident, were the client of the Australian legal practitioner concerned.
(2) The resident must provide the operator with a copy of any account presented to the resident in respect of those costs and the operator is not required to make any payment in respect of the costs until the resident has done so.
(3) If the operator does not pay all the costs within 28 days after being provided with a copy of the relevant account, the resident (or the executor or administrator of his or her estate) may apply to the Tribunal for (and the Tribunal may make) an order directing the operator to make the payment.
(4) On application to it under this section, the Tribunal--
(a) may make the order sought, or
(b) may order the operator and the resident to pay the costs in such proportion as the Tribunal considers just in the circumstances.

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