Robin Raju & Associates Pty Ltd v Kaplan Investments Pty Ltd [2021] NSWCATCD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robin Raju & Associates Pty Ltd v Kaplan Investments Pty Ltd [2021] NSWCATCD 90 Hearing dates: 19 October 2021 Date of orders: 26 October 2021 Decision date: 26 October 2021 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) The proceedings in Matters COM 21/26432; COM 21/33002; and COM 21/38550 are dismissed. Catchwords: LEASES AND TENANCIES — Retail lease dispute —Jurisdiction of NCAT—Whether premises a retail shop or within jurisdiction by reason of operation of Retail and Other Commercial Leases (COVID-19) Regulation 2020 (No 1, 2 and 3) — Relief against forfeiture — Applicable principles Legislation Cited: Conveyancing (General) Regulation 2018 (NSW) Retail and Other Commercial Leases (COVID-19) Regulation 2020 (No 1, 2 and 3) (NSW) Retail and Other Commercial Leases (COVID-19) Regulation 2021 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Akora (Bondi Junction) Pty Ltd v Buttrose [2008] NSWADT 275 Freedom Group Australia Pty Ltd v RO Corporate Pty Ltd [2016] NSWCATD 59 Hardcore Gym Pty Ltd v Police Citzens Youth Club Ltd [2014] NSWCATCD 249 KM Sones Pty Ltd v Bonovas [2014] NSWCATCD 111 Moweno v Stratis [2002] NSWSC 1151 Owners of Ship Shin Kobe Maru v Empire Shipping Co [1994] HCA 54; (1994) 181 CLR 404 PS Market Pty Ltd v Brijcam Nominees Pty Ltd [2020] VCAT 1468 Sneakerboy Retail Pty Ltd t/as Sneakerboy v Georges Properties Pty Ltd [2020] NSWSC 996 Sneakerboy Retail Pty Ltd t/as Sneakerboy v Georges Properties Pty Ltd (No 2) [2020] NSWSC 1141 Texts Cited: Nil Category: Principal judgment Parties: Robin Raju & Associates Pty Ltd (Applicant and Cross-Respondent)