Costs of obtaining certificate
51 Costs of obtaining certificate
The reasonable costs of obtaining a certificate mentioned in section 49 (Amendment or replacement of village contract) are payable by the operator of a retirement village as if the operator, and not the resident, were the client of the lawyer engaged by the resident for the certificate.
The operator is not required to pay the costs mentioned in subsection (1) until the resident has given the operator a copy of the account held by the resident for the costs.
If the operator does not pay all the costs within 28 days after the day the operator is given a copy of the relevant account, the resident may apply to the ACAT for an order directing the operator to pay the amount.
On application, the ACAT—
may make the order sought; or
may order the operator and the resident to pay the costs in the proportion the ACAT considers just in the circumstances.
This Act’s bill:Explanatory statementSecond reading speech
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