Helen Dowling and James Dowling v Living Choice Australia Ltd [2014] NSWCATCD 190

Helen Dowling and James Dowling v Living Choice Australia Ltd [2014] NSWCATCD 190

The Tribunal found that the air conditioner was a fixture and therefore formed part of the premises owned by the Operator. As the Retirement Villages Act 1999 required the Operator to maintain such items, and the respondent could not prove that ownership was transferred to the applicants, responsibility remained with the respondent.

Parties
Applicants: Helen Dowling and James Dowling; Respondent: Living Choice Australia Ltd
Jurisdiction
Australia
Judgment Date
07 October 2014
Procedural Posture
Application / Decision
Outcome
Order granted for the respondent to accept responsibility for air conditioner repairs and replacement as required by statute.
Legal Topics
Repairs and Maintenance, Capital Items Responsibility
Retirement Villages Law Repairs and Maintenance Capital Items Responsibility

Case Brief

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Parties

Helen Dowling and James Dowling

Applicants

Living Choice Australia Ltd

Respondent

Procedural Posture

Application / Decision

Legal Issues

  1. 1 Whether the respondent is responsible for repair and maintenance of the air conditioner in the applicants' unit under the Retirement Villages Act 1999.

Ratio Decidendi

The Tribunal found that the air conditioner was a fixture and therefore formed part of the premises owned by the Operator. As the Retirement Villages Act 1999 required the Operator to maintain such items, and the respondent could not prove that ownership was transferred to the applicants, responsibility remained with the respondent.

Court Disposition

Order granted for the respondent to accept responsibility for air conditioner repairs and replacement as required by statute.

Orders

  • The respondent accept responsibility for the air conditioner in the applicants' premises, and charge the cost of repairs and replacement as required by the Retirement Villages Act 1999.