Diamondlite Pty Ltd v Swiss Concept Australia Pty Ltd [2022] NSWCATAP 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Diamondlite Pty Ltd v Swiss Concept Australia Pty Ltd [2022] NSWCATAP 82 Hearing dates: 16 December 2021 Date of orders: 28 March 2022 Decision date: 28 March 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member E Bishop, Senior Member Decision: (1) The appeal is dismissed; (2) Leave to appeal is refused. Catchwords: LEASES AND TENANCIES — Retail leases — Rent and outgoings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 30, 36, 80, Sch 4, cl 12 Public Health (COVID-19 Gatherings) Order (No 3) 2020 (NSW) Retail and Other Commercial Leases (COVID-19) Regulation (No 3) 2020, cll 3, 4, 7 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Darzi Group Pty Ltd v Nolde Pty Ltd [2021] NSWSC 744 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 DVE18 v Minister for Home Affairs (2020) 276 FCR 401; [2020] FCAFC 83 Goncalves v Bora Developments Pty Ltd [2021] NSWCATAP 231 Hammond v Ozzy's Cheapest Cars Pty Ltd [2015] NSWCATAP 65 House v The King (1936) 55 CLR 499; [1936] HCA 40 NSW Land and Housing Corporation v Orr [2019] 100 NSWLR 578; [2019] NSWCA 231 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Texts Cited: National Cabinet Mandatory Code of Conduct—SME Commercial Leasing Principles During COVID-19 Category: Principal judgment Parties: Diamondlite Pty Ltd (Appellant) Swiss Concept Australia Pty Ltd (Respondent) Representation: Counsel: B Cameron (Respondent)