Lstar Holdings Pty Ltd v Ta [2021] NSWCATCD 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lstar Holdings Pty Ltd v Ta [2021] NSWCATCD 62 Hearing dates: 15 February 2021 Date of orders: 19 March 2021 Decision date: 19 March 2021 Jurisdiction: Consumer and Commercial Division Before: R Titterton OAM, Senior Member Decision: 1. The application should be dismissed. 2. Orders 3(a) and (c) of the Tribunal made on 11 January 2021 in matter AP 21/00887 are set aside. Catchwords: RETAIL LEASES – Application of Rental and Other Commercial Leases (COVID-19) Regulation (No 3) 2020 – Whether tenant is an "impacted lessee" – relief against forfeiture Legislation Cited: Conveyancing Act 1919 (NSW) Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 (Cth) Environmental Planning and Assessment Act 1979 (NSW) Retail and Other Commercial Leases (COVID-19) Regulation 2020 Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020 Rental and Other Commercial Leases (COVID-19) Regulation (No 3) 2020 Retail Leases Act 1994 (NSW) Cases Cited: MIR Holdings Pty Ltd & Anor v Marina Square Retail Pty Ltd [2020] NSWSC 1418 First Renewable Pty Ltd v Nastevski [2020] NSWSC 1508 Category: Principal judgment Parties: Lstar Holdings Pty Ltd (Appellant) Minh Hai Ta (First Respondent) Chi Thuyen Ta (Second Respondent) Representation: Solicitor: David Leamey Solicitor & Barrister Respondent File Number(s): COM 21/00309 Publication restriction: Nil