The son of a woman who had paid to live in a retirement village, 424km north of Perth, which operates under the state’s strata laws, has lodged a claim in the District Court of Western Australia against the operator.
Retired nurse Barbara Allen, 92, who had Parkinson’s Disease, moved out of residential aged care in February 2023 after paying $184,000 towards a $260,000 unit at Harbour Pines retirement village.
In a "lease-for-life" agreement, she would live in the unit as long as she was able to and pay exit and other fees when she left. Barbara never lived in the unit at Harbour Pines as she suffered a serious fall on the day she was to move in and had to be taken to hospital.
While in hospital Barbara was diagnosed to have dementia three months after signing the lease. She died in June 2024 and has not received a refund from Adder Holdings, the owner of Harbour Pines.
Given Barbara’s advanced age and poor health, her son Trevor Allen’s lawyer is alleging the operator's decision to sign her to the agreement amounted to unconscionable conduct.
In a statement to the taxpayer-funded ABC, Adder Holdings said the contractual dispute was "strongly contested" and that "at the time Mrs Allen entered into the 'lease for life' agreement she did at all times have capacity to do so".
"Given this is currently before the court, Adder does not wish to comment further on this matter other than to say they are serious allegations that are strongly disputed by Adder," the company said in a statement.
The ABC also reported several Harbour Pines residents have joined forces to bring a matter before the State Administrative Tribunal while others have complained to the Consumer Protection commissioner.
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