Williams v Carlyle Villages Pty Ltd

[2009] QCA 301

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Real Property
2. › Retirement Villages
3. › Right to reside
4. › Whether statutory right to reside independent of residence contract
5. › Whether right survived lawful termination of lease
6. › Whether former resident entitled to proceeds of subsequent disposition
7. › Retirement Villages Act 1999 (Qld), ss 3, 16, 42, 45, 52, 55, 56, 57, 62, 63, 66, 68, 104
1. Contract
2. › Construction
3. › Retirement village residence contract
4. › Exit entitlement
5. › Whether contract provided for sharing in capital gains
6. › Objective intention of parties
7. › Construction against drafter
1. Statutes
2. › Interpretation
3. › Whether statute conferred rights additional to and independent of contract
4. › Presumption against interference with fundamental rights
5. › Preference for construction avoiding inconvenience or injustice
6. › Retirement Villages Act 1999 (Qld)

Quick Take

The Retirement Villages Act 1999 (Qld) does not confer upon residents an independent statutory right to reside that survives lawful termination of a lease and entitles the former resident to the proceeds of a subsequent disposition of the right to reside. Whether a resident participates in capital gains depends entirely on the terms of the residence contract. Where the residence contract does not provide for sharing of capital gains, the statutory provisions in Division 5 of Part 3 and s 104 that assume such sharing have no scope for operation.