McKeon v Songlake Pty Ltd [2022] NSWCATAP 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McKeon v Songlake Pty Ltd [2022] NSWCATAP 25 Hearing dates: 18 January 2022 Date of orders: 02 February 2022 Decision date: 02 February 2022 Jurisdiction: Appeal Panel Before: G Furness SC, Senior Member L Wilson, Senior Member Decision: Appeal dismissed. Catchwords: APPEAL-application of COVID-19 Regulations-unconscionable conduct under s62B Retail Leases Act 1994-conflict of interest Legislation Cited: Civil and Administrative Tribunal Act 2013 Retail and Other Commercial Leases (COVID-19) Regulation 2020 Retail Leases Act 1994 Cases Cited: Attorney-General (NSW) v World Best Holdings (2005) 63 NSWLR 557 Collins v Urban [2014] NSWCATAP 17 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Philip McKeon (Appellant) Songlake Pty Ltd (First Respondent) John Wilcox (Second Respondent) Representation: Solicitors: Appellant Self-represented Teece Hodgson & Ward (First Respondent) No appearance (Second Respondent) File Number(s): 2021/00303735 Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 29 September 2021 Before: D Bluth, Senior Member File Number(s): COM 21/22055