Heriot Pty Ltd v Choe [2021] NSWCATCD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Heriot Pty Ltd v Choe [2021] NSWCATCD 160 Hearing dates: 7 and 28 August 2020 Date of orders: 10 February 2021 [amended 12 February 2021] Decision date: 10 February 2021 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: The decision issued on 10 February 2021 is amended pursuant to section 63 of the Civil and Administrative Tribunal Act 2013 and should read as follows: (amendments are shown in bold type) 1. Jeong Hwan Choe and Jian Ming Li are jointly and severably liable to Heriot Pty Ltd in the sum of $750,000.00 such amount to be paid immediately. 2. In the event that a party wishes to bring a costs application, the costs application must be lodged in the Tribunal and served on the costs respondent within 14 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application. 3. The costs respondent will have 14 days after the date he or it receives the application to lodge in the Tribunal and serve on the costs applicant his or its submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 4. The cost applicant will have 14 days after the date it or he receives the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent its or his submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon. 5. The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing. 6. Subject to the parties' submissions, the Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: LEASES AND TENANCIES — Retail leases — Guarantee — Mitigation Legislation Cited: Conveyancing Act 1919 (NSW) Real Property Act 1900 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Australian Securities and Investments Commission v Kobelt [2019] HCA 18 Brown v Tavern Operator Pty Ltd [2018] NSWSC 1290 Texts Cited: Nil Category: Principal judgment Parties: Heriot Pty Ltd (Applicant) Jeong Hwan Choe (First Respondent) Jian Ming Li (Second Respondent) Representation: Counsel: Mr Boadle (Applicant) Mr Munro (Second Respondent)