Huang v Abdelwahed Pty Ltd; Abdelwahed Pty Ltd v Huang [2021] NSWCATCD 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Huang v Abdelwahed Pty Ltd; Abdelwahed Pty Ltd v Huang [2021] NSWCATCD 154 Hearing dates: 29 November 2021 Date of orders: 08 December 2021 Decision date: 08 December 2021 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: In COM 21/32611 1 The respondents are to pay the applicant $173,636.11. 2 Any written submissions any respondent wishes to make as to costs are to be provided to the Tribunal and the applicant on or before 22 December 2021. 3 If such submissions are lodged, any submissions in reply are to be provided to the Tribunal and the respondents by 12 January 2021. 4 Any such submissions are to indicate whether it is agreed that costs should be decided on the papers, ie without the need for a further hearing. In COM 21/38733: 1. The application is dismissed. 2. Any written submissions the applicant wishes to make as to costs are to be provided to the Tribunal and the respondent on or before 22 December 2021. 3. If such submissions are lodged, any submissions in reply are to be provided to the Tribunal and the applicant by 12 January 2021. 4. Any such submissions are to indicate whether it is agreed that costs should be decided on the papers, ie without the need for a further hearing. Catchwords: RETAIL LEASE – Application of COVID regulations -Whether lessor entitled to terminate for unpaid rent - Whether lessee an impacted lessee – Application of National Cabinet Mandatory Code of Conduct - Whether lessee entitled to rent reduction Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Ajayi v RT Briscoe (Nigeria) Ltd [1964] 1 WLR 1326 Antonio & Marianna Di Rico v Dion Cominos [2015] NSWCATCD 75 Bonita v Shen [2016] NSWCATAP 159 Darzi Group Pty Ltd v Noble [2021] NSWSC 774 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22 Feyzbashipour v Lee [2021] NSWCATAP 173 Hadley v Baxendale (1854) 9 Exch 341 Haines v Bendall [1991] HCA 15 Latoudis v Casey [1990] HCA 59 Legione v Hateley [1983] HCA 11 Miramax Pty Limited v Mang Yu Lo [2021] NSWCATCD 12 News v Cotes [2019] NSWCATAP 186 Oshlak v Richmond River Council [1998] HCA 11 Pacorp Holdings Pty Ltd v Waller [2017] NSWCATAP 167 Sneakerboy v George Properties Pty Ltd (No 2) [2020] NSWSC 1141 Swiss Concept Australia Pty Ltd v Diamondlite Pty Ltd [2021] NSWCATCD 106 Thompson v Chapman [2016] NSWCATAP 6 Yan Gu and Chunhua Tao v Nicole Panetta, Neill Hendry and Giovanni (John) Panetta [2014] NSWCATCD 247 Texts Cited: Nil Category: Principal judgment Parties: In COM 21/32611: Zhongyuan (Jason) Huang (Applicant) Abdelwahed Pty Ltd (First Respondent) Ahmed Nasreldin (Second Respondent) Ahmed Elakabawey (Third Respondent) Alaa Moaz (Fourth Respondent)