Azzi v Abulial and Hattab [2021] NSWCATAP 252

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Azzi v Abulial and Hattab [2021] NSWCATAP 252 Hearing dates: 20 August 2021 Date of orders: 30 August 2021 Decision date: 30 August 2021 Jurisdiction: Appeal Panel Before: J S Currie, Senior Member Dr J Lucy, Senior Member Decision: 1. Leave to appeal refused 2. Appeal dismissed. Catchwords: RETAIL LEASE- Application for termination and possession where premises sold with vacant possession- evidence at hearing showed sale agreed subject to existing tenancy. Decision to dismiss application affirmed on appeal. ADMINISTRATIVE LAW- Civil and Administrative Tribunal NSW- appeal from Consumer and Commercial Division- leave sought- "significant new evidence": parties had amended sale agreement to require vacant possession- failure to establish that that new evidence was "not reasonably available" at time of hearing. Leave to appeal refused. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38 (2), 80 (2), Sch 4 Cl 12 (1) (c) Retail Tenancies Act 2010 (NSW), s86 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 BHP Billiton Ltd v Dunning [2013] NSWCA 421 Bui v DB Homes Australia Pty Ltd [2017] NSWCATAP 218 CEO of Customs v A M I Toyota Ltd (2000) 102 FCR 578; [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 George Papazachariou v Michael Antoun [2015] NSWCATAP 157 Lettau v Artwork Transport Pty Ltd [2017] NSWCATAP 14; Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 ZTU v ZTV [2021] NSWCATAP 121 Texts Cited: None cited. Category: Principal judgment Parties: Daniel Azzi (Appellant) Fathi Abulial (First Respondent) Areej Hattab (Second Respondent) Representation: G Arrange (Agent) (Appellant) First Respondent (Self-represented) Second Respondent (Self-represented) File Number(s): 2021/00208004 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Nil Date of Decision: 16 July 2021 Before: M McCue, General Member File Number(s): RT 21/26699