Queensland Consolidated Acts Queensland Consolidated Acts(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.