Le v Vo [2021] NSWCATAP 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Le v Vo [2021] NSWCATAP 257 Hearing dates: 18 August 2021 Date of orders: 30 August 2021 Decision date: 30 August 2021 Jurisdiction: Appeal Panel Before: S Thode, Senior Member A Boxall , Senior Member Decision: (1) Leave to file the appeal out of time refused. (2) Appeal dismissed Catchwords: APPEAL – LEASES AND TENANCIES – retail lease - terms of the lease – failure to disclose grounds of appeal – no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013; Retail Leases Act 1994 (NSW) Cases Cited: Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 ; Collins v Urban [2014] NSWCATAP 17; Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22; Category: Principal judgment Parties: Thi Thu Thuy Le (Appellant) Thi Bach Hue Vo (Respondent) Representation: Appellant in person in the presence of a Vietnamese Interpreter Mr Y Tang of Shanahan Butler Solicitors File Number(s): AP 2021/165973 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 5 May 2021 Before: Senior Member L Wilson File Number(s): COM 20/53528

reasons for decision

Introduction 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 against a decision made in the Consumer and Commercial Division of the Tribunal on 5 May 2021. 2. The application to the Tribunal was brought by the respondent to the appeal, against the appellant seeking orders for rent arrears and vacant possession pursuant to s72 of the Retail Leases Act 1994 (the Act). 3. For the reasons set out below, we have decided to dismiss the appeal.