Nasreldin v Huang [2022] NSWCATAP 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nasreldin v Huang [2022] NSWCATAP 117 Hearing dates: 5 April 2022 Date of orders: 19 March 2022 Decision date: 19 March 2022 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member A Boxall, Senior Member Decision: (1) In relation to the decision of 8 December 2022: (a) as to any error of law, the appeal is dismissed; (b) as to errors other than errors of law, leave to appeal is refused and the appeal otherwise dismissed. (2) In relation to the decision of 28 March 2022, leave to appeal is refused, and the appeal is otherwise dismissed. (3) The appellants are to pay the respondent's costs of the appeal as agreed or as assessed. Catchwords: APPEALS – leave to appeal – no question of principle – error of law – appeal dismissed, no error demonstrated – fresh evidence on appeal - principles Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) - s 80; Clause 12 of Sch 4 Civil and Administrative Tribunal Rules 2014 (NSW) – r 38A 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 and Other Commercial Leases (COVID-19) Regulation 2021(NSW) Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2021 (NSW) Retail Leases Act 1994 (NSW) – s 88 Cases Cited: 203 Castlereagh Street Pty Limited v Skybloo Holdings Pty Limited [2017] NSWCATAP 29 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Chapman v Taylor [2004] NSWCA 456 Collins v Urban [2014] NSWCATAP 17 Darzi Group Pty Ltd v Noble [2021] NSWSC 774 Liang v University of Technology, Sydney [2018] NSWCATAP 285 Miramax Pty Limited v Mang Yu Lo [2021] NSWCATCD 12 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Sneakerboy v George Properties Pty Ltd (No 2) [2020] NSWSC 1141 Swiss Concept Australia Pty Ltd v Diamondlite Pty Ltd [2021] NSWCATCD 106 Texts Cited: None cited Category: Principal judgment Parties: Ahmed Nasreldin (First Appellant) Abdelwahed Pty Ltd (Second Appellant) Ahmed El Akabawey (Third Appellant) Alaa Moaz (Fourth Appellant)