Ning v Cong [2022] NSWCATAP 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ning v Cong [2022] NSWCATAP 176 Hearing dates: 12 May 2022 Date of orders: 26 May 2022 Decision date: 26 May 2022 Jurisdiction: Appeal Panel Before: The Hon D A Cowdroy, AO QC, Principal Member J McAteer, Senior Member Decision: (1) Leave to appeal the decision be refused; (2) The appeal be dismissed. Catchwords: APPEAL – Retail Leases Act – application of Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020 – whether landlord negotiated rent relief – whether failure to negotiate prevented landlord from recovering accrued rent and costs Legislation Cited: Civil and Administrative Tribunal Act 2013(NSW) Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020 (repealed) Retail Leases Act 1994 (NSW) Cases Cited: Collins v Urban [2014) NSWCATAP 17 Cong v Ning [2021) NSWCATAP 292 Darzi Group Pty Ltd v Noble [2021] NSWSC 774 Texts Cited: Nil Category: Principal judgment Parties: Helen Ning (First Appellant) Max Fei (Second Appellant)

Scott Cong (First Respondent) Hong Zhao (Second Respondent) Representation: Solicitors: Y Chen (Agent)(First Appellant) Y Chen (Agent)(Second Appellant) First Respondent (self-represented) Second Respondent (self-represented) File Number(s): 2022/00061719 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 07 February 2022 Before: G Ellis SC, Senior Member File Number(s): COM21/42622