Victorian Consolidated Legislation

Retirement Villages Act 1986 - SECT 23

Court may excuse inadvertent contraventions

23. Court may excuse inadvertent contraventions



(1) On application by an owner, a court of competent jurisdiction may by order
declare that a resident does not have a right to rescind a residence contract
relating to retirement village land of the owner if the Court is satisfied
that the owner and an owner's agent have acted honestly and reasonably and
ought fairly be excused for the contravention of section 19 or 20 which gave
rise to the right of rescission, and that the resident is in substantially as
good a position as if all the provisions of those sections have been complied
with.

(2) Subsection (1) applies despite anything to the contrary in section 22.