Swiss Concept Australia Pty Ltd v Diamondlite Pty Ltd [2021] NSWCATCD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Swiss Concept Australia Pty Ltd v Diamondlite Pty Ltd [2021] NSWCATCD 106 Hearing dates: On the papers Date of orders: 14 October 2021 Decision date: 14 October 2021 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: The decision issued on 15 October 2021 is amended under Section 63 of the Civil and Administrative Tribunal Act 2013, and should read as follows: (amendments are shown in bold type) (1) Pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW) the applicant's money claims will be determined on the basis of the parties' written submissions and without a further hearing. (2) The respondent, Diamondlite Pty Ltd, is to pay the applicant, Swiss Concept Pty Ltd, the sums of $72,766.29, $15,528 and $24,010.96, totalling $112,305.25, immediately. (3) The respondent, Diamondlite Pty Ltd, is to pay Swiss Concept Pty Ltd the sum of $46,584 by eighteen equal instalments of $2,588, payable on the first of each month commencing 1 November 2021 with the final payment due on 1 April 2023. Catchwords: LEASES AND TENANCIES — Retail Leases Act 1994 (NSW) — Retail and Other Commercial Leases (COVID-19) Regulations — Claim by landlord for unpaid rent — Tenant "impacted lessee" for purposes of Regulations — Rent relief in accordance with the National Cabinet Mandatory Code of Conduct — SME Commercial Leasing Principles during COVID-19 —Parties failed to agree terms on which the tenant would be granted relief —Whether Tribunal has jurisdiction to determine terms of relief — Parties agreed Tribunal should make determination —Approach to determination Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retail and Other Commercial Leases (Covid-19) Regulation 2020 (NSW) Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020 (NSW Retail and Other Commercial Leases (COVID-19) Regulation (No 3) 2020 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Darzi Group Pty Ltd v Nolde Pty Ltd [2021] NSWSC 774 Miramax Pty Ltd v Mang Yu Lo [2021] NSWCATCD 12 Sneaker Boy Retail Pty Ltd t/as Sneaker Boy v Georges Properties Pty Ltd (No 2) [2020] NSWSC 1141 Texts Cited: Nil Category: Principal judgment Parties: Swiss Concept Australia Pty Ltd (Applicant) Diamondlite Pty Ltd (Respondent) Representation: Solicitors: Concisus Legal Pty Ltd (Applicant) File Number(s): COM 21/24344 Publication restriction: Nil