Village resident wins fight against retirement village operator to have two budgies in a cage

The NSW Civil and Administrative Tribunal (NCAT) has ruled that B’nai B’rith Retirement Villages must allow a resident at Princess Gardens Village in Rose Bay, 7km east of Sydney’s CBD, to keep his two budgerigars in their cage at all times. David Kary appealed to NCAT after its Appeals Panel had ruled in favour of the village operator B’nai B’rith Retirement Villages, who said he was not allowed to have the two pet budgies in his unit. He had approached the village management to request Rule 5 of Princess Gardens’ Village’s Rules be modified, to allow him to keep two pet budgies in a cage as companion animals, as recommended in writing by his doctor, and his psychiatrist, 18 months ago. NCAT concluded Rule 5 is both unjust and harsh in so far as it applies to the resident. It ordered Rule 5 of the Village Rules of the Princess Gardens Retirement Village be modified in relation to the applicant so that he may keep a maximum of two budgerigars on his premises provided that:

• the budgerigars remain within their cage at all time
• the cage remains within David’s apartment at all times;
• the cage is not placed on the balcony;
• David must take all practical steps to comply with guidelines issued by NSW Health or other NSW Government agencies to minimise the risk of infectious diseases (including Psittacosis) posed by the keeping of the budgerigars”.

Read the full judgment HERE.