Elliot Tuthill Nominees v Boele [2010] NSWSC 103

This case involved a loan to finance the construction of a retirement village. The developer went into liquidation and the lender took possession of the village. The lender sold one of the units and purported to terminate the lease of the resident so that clear title and vacant possession could be given to the purchaser. The resident argued that the lease had not been validly terminated. The court found that the lease could only be terminated if there was a determination made by the Consumer, Trader and Tenancy Tribunal and accordingly made orders for the proceedings to be transferred to the Tribunal.

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