Johnson v D & S Australia Pty Ltd [2021] NSWCATCD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Johnson v D & S Australia Pty Ltd [2021] NSWCATCD 63 Hearing dates: 3 August 2020 Date of orders: 1 February 2021 Decision date: 01 February 2021 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: (1) Declare pursuant to Section 72(1)(b) of the Retail Leases Act 1994 (NSW) that the sum of $4,950 claimed by the respondent in respect of outgoings under the lease between the parties, registered number AP208330S, is not owing by the applicants to the respondent. (2) The application is otherwise dismissed. (3) If either party seeks an order in respect of the costs of the proceedings they should file within 14 days of the delivery of these reasons a statement of the orders sought in respect of costs and submissions (which are not to exceed five pages) in support of those orders. (4) If either party files submissions in accordance with order (3) the other party may file submissions in response (which are not to exceed five pages) within a further 14 days. (5) Submissions strictly in reply to any submissions filed in accordance with order (4) (which are not to exceed three pages) may be filed within a further 14 days. (6) Any submissions filed pursuant to orders (3) or (4) should address the question whether the question of costs can be dealt with on the papers and without a hearing. Catchwords: LEASES AND TENANCIES – Retail leases Legislation Cited: Conveyancing Act 1919 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Baak v Concrete Services Group Pty Ltd [2016] NSWCATAP 42 Gan v Shop 3, 228-230 Hanvaylee Parade Kensington Pty Ltd [2017] NSWSC 1322 Category: Principal judgment Parties: Frank Steven Johnson (First Applicant) Lena Na Kang (Second Applicant) D & S Australia Pty Ltd (Respondent) Representation: Applicants (in person) Counsel: T Morahan (Respondent) File Number(s): COM 19/37377