Illawong Lakeside Retirement Pty Ltd, Illawong Retirement Group Pty Ltd and Vladymir Martyniuk - Court action

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20 January 2017
Court actions

The director of a Patterson Lakes retirement village and two related parties must pay a total of $3,000 plus costs, after the Supreme Court of Victoria found that they were in contempt of court by failing to comply with previous orders.

In March 2015, the parties failed to comply with the requirement of the Retirement Villages Act 1986 to provide necessary documents, when requested by a consumer who was arranging the sale of her mother's unit at Lakeside Illawong Retirement Village.

At a hearing in April 2016, the Supreme Court ordered the parties, for the next three years, to:

  • keep a register of all requests for a factsheet and the date they provide the factsheet
  • provide Consumer Affairs Victoria with a quarterly report of every entry made in the register.

In the subsequent hearing in October, the court found that Illawong Lakeside Retirement Pty Ltd (ACN: 005 482 673) and Illawong Retirement Group Pty Ltd (ACN: 005 449 285) were in contempt of court for failing to carry out those orders.

Mr Martyniuk, of Patterson Lakes, was found to be in contempt of court for allowing the other defendants to not carry out those orders.

The parties are required to carry out the previous court orders.

Hearing date: 26 October 2016