Retirement Villages Act 2012
58Consequence of resident’s rescission of other village
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58 Consequence of resident’s rescission of other village (1) This section applies if a resident of a retirement village gives a rescission notice in relation to a village contract that is not a residence contract or a service contract. (2) As soon as practicable (but not later than 1 month) after the rescission notice is given, the operator of the retirement village must repay all money paid by or on behalf of the resident under the rescinded (3) The ACAT may, on application by the resident, order the operator to comply with subsection (1). (4) Either party to a contract rescinded under this section may make a claim to the ACAT for compensation, adjustment or accounting that is just and equitable between the parties taking into account any benefits that the rescinding party received under the contract before its rescission. (5) The ACAT must not make an order under subsection (2) that affects another right or obligation under this section.