Queensland Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 71

71 Enforcing residence contract

(1) A residence contract is enforceable against the following persons for the recovery of all or part of the exit entitlement—

(a) a person who is a party to the contract;

(b) a person who is not a party to the contract but who, when the contract was entered into—

(i) was the scheme operator for the retirement village to which the contract relates; or

(ii) owned the retirement village land;

(c) a person who is not a party to the contract but who, when the contract is to be enforced—

(i) is the scheme operator; or

(ii) owns the retirement village land.

(2) For the purpose of enforcing a contract against a person mentioned in subsection (1) (b) or (c) , the person is taken to be the scheme operator under the contract.

(3) A court may make an order under this section against a person mentioned in subsection (1) (b) only if the court is satisfied—

(a) an order against a person mentioned in subsection (1) (a) or (c) would be ineffectual; and

(b) in the particular circumstances, it is just to make the order.

(4) Subsection (1) (b) (ii) and (1) (c) (ii) are subject to section 72 .