Tziallas v Barnsley [2021] NSWCATAP 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tziallas v Barnsley [2021] NSWCATAP 33 Hearing dates: 29 January 2021 Date of orders: 17 February 2021 Decision date: 17 February 2021 Jurisdiction: Appeal Panel Before: D Cowdroy AO QC ADCJ, Principal Member D Robertson, Senior Member Decision: (1) The time for filing the appeal be extended to 10 November 2020; (2) Leave to appeal is refused. (3) The appeal is dismissed; (4) There be no order as to costs, unless within 21 days of the date of these orders either party files submissions seeking a different order; (5) If there is to be any application for costs by either party then written submissions in support of such application are to be lodged with the Tribunal and served on the other side within 21 days, including submissions as to whether a hearing about costs can be dispensed with and any costs issues determined on the papers. Written submissions in response to any submissions from the other party are to be lodged with the Tribunal and served within 14 days thereafter. Catchwords: LEASES AND TENANCIES - Retail Leases Act 1994 (NSW) – terms of the lease - whether the Tribunal erred in failing to find that the appellant exercised an option to renew the lease – whether there was unconscionable conduct on the part of the respondents – whether the respondents' conduct misled the appellant Legislation Cited: Retail Leases Act 1994 (NSW) Cases Cited: Attorney General (NSW) v World Best Holdings Ltd [2005] NSWCA 261 Ballas v Theophilos (No 2) (1957) 98 CLR 193 Burrell v Cameron (1997) 8 BPR 15 Darzi Group Pty Ltd v Nolde Pty Ltd [2019] NSWCA 210; (2019) 100 NSWLR 394 Texts Cited: Nil Category: Principal judgment Parties: Anastasis Tom Tziallas (Appellant) Garry James Barnsley (First Respondent Nerida Gwynne Barnsley (Second Respondent) Representation: Solicitors: Nightingale Lawyers (Appellant) Respondents (Self Represented) File Number(s): AP 20/47229 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 8 October 2020 Before: G Ellis SC, Senior Member File Number(s): COM 20/22528