New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 40

40 Contractual rights of residents against new operator

(1) A village contract between a resident and a former operator of a retirement village may be enforced against any operator for the time being of the village.

(2) However, proceedings do not lie against the owner of land in a retirement village (not being a person involved in the management or control of the village) for the enforcement of rights under subsection (1) unless:

(a) the owner is a party to the contract, or

(b) the owner is a close associate of an operator involved in the management or control of the village, and

an operator other than the owner has failed to satisfy a judgment given for the enforcement of those rights.