Li v Heriot Pty Ltd [2021] NSWCATAP 177

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Li v Heriot Pty Ltd [2021] NSWCATAP 177 Hearing dates: 01 June 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Appeal Panel Before: Cowdroy AO QC ADCJ, Principal Member A Lo Surdo SC, Senior Member Decision: The Appeal Panel orders that the appeal be dismissed. Catchwords: APPEALS — leases and tenancies — retail leases — disclosure statements — whether lease invalid — whether amended lessor disclosure statements within lessor's possession and knowledge prior to guarantee being executed — whether executed on assumption lessor accepted amendments — misleading and deceptive conduct — appeal dismissed Legislation Cited: Competition and Consumer Act 2010 (Cth) Retail Leases Act 1994 (NSW) Cases Cited: Addenbrooke Pty Ltd v Duncan (No 2) [2017] FCAFC 76; (2017) 348 ALR 1 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 39 FCR 546 Texts Cited: Nil Category: Principal judgment Parties: Jian Ming (Samuel) Li (Appellant) Heriot Pty Ltd (Respondent) Representation: Counsel: A J Munro (Appellant) R Boadle (Respondent)

Solicitors: Walker & George Lawyers (Appellant) Baron & Associates (Respondent) File Number(s): 2021/00067076 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not reported Date of Decision: 10 February 2021 Before: D Goldstein, Senior Member File Number(s): 2021/00067076