Wing Da Pty Ltd v CC United Developments Pty Ltd [2020] NSWCATAP 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wing Da Pty Ltd v CC United Developments Pty Ltd [2020] NSWCATAP 123 Hearing dates: 19 March 2020 Date of orders: 30 June 2020 Decision date: 30 June 2020 Jurisdiction: Appeal Panel Before: R L Hamilton SC, Senior Member G Blake AM SC, Senior Member Decision: (1) The appeal is dismissed. (2) The appellant to pay the respondents' costs. (3) A hearing is dispensed with. Catchwords: APPEAL – Retail Leases Act- right to rent review-application of precedent-compensation for disruption and access to premises-compensation for unconscionable conduct and misleading and deceptive conduct- no error of law-rejection of document tender-no new evidence permitted-leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Collins v Urban [2014] NSWCATAD 17 Hannaford v Commonwealth Bank of Australia (2014) NSWCA 297 Heard McEwen v Zanetti [2017] NSWCATAP 213 House v Defence Force Retirement and Death Benefits Authority (2011) 193 FCR 112; [2011] FCAFC 72 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kalice v Borck &Ors [2017] NSWCATAP 46 Lam v Steve Jarvin Motors [2016] NSWCATAD 186 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 The Summit Hotel Bondi Beach Pty Ltd v Wasley [2018] NSWCATCD Texts Cited: None cited Category: Principal judgment Parties: Wing Da Pty Ltd (Appellant) CC United Developments Pty Ltd (First Respondent) Charlie Elias (Second Respondent) Charbel Boutros (Third Respondent) Representation: Solicitors: X M Zeng (Agent) (Appellant) Paul Bard Lawyers (Respondent) File Number(s): AP 20/00613 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 04 December 2019 Before: S A McDonald, Senior Member File Number(s): COM 18/51414