In Stubbs v Martyniuk [2015] VCAT 1315, Mr Martyniuk, the manager of a retirement village, was held in contempt of the Tribunal’s orders for a second time. He had previously been ordered to provide financial statements that comply with the Retirement Villages Act at the AGM. An inadequate report with no prior notice was provided and the manager refused to answer the residents’ questions. The AGM that was described as a ‘farce’ by the residents and the Tribunal said that was a ‘most appropriate’ description.
This was the second time the manager was held to be in contempt of the Tribunal’s orders. He was ordered to pay around $8000 costs in addition to costs previously ordered. Mr Martyniuk was previously ordered to pay $15,000 damages and to pay back $66,000 he had charged to the residents for his legal defence of their case against him.