John and his wife, Toula, were keen swimmers. So when they inquired about moving into a retirement village, they were delighted when the onsite sales representative gave them a disclosure statement that said an in-ground swimming pool would be among the facilities to come.

Pleased to have the convenience of an onsite pool, John and Toula moved into the village and waited for the staged development to proceed. But five years after the pool was supposed to have been constructed, the couple were still waiting.

Eventually, following on-going correspondence from John and other residents, and then from Seniors Rights Service on behalf of John, the operator advised it had no intention of building the swimming pool. We prepared an application to the NSW Civil and Administrative Tribunal (NCAT) for an order seeking compensation for John for the lack of the promised pool.