Funfood Pty Ltd v Centura Global Holdings Pty Ltd [2022] NSWCATAP 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Funfood Pty Ltd v Centura Global Holdings Pty Ltd [2022] NSWCATAP 189 Hearing dates: 9 May 2022 Date of orders: 8 June 2022 Decision date: 08 June 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President A Suthers, Principal Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) The Appellant is to pay the Respondent's costs of the appeal on the ordinary basis in an amount agreed or as assessed. Catchwords: APPEAL- interim order to restore lessee to premises-issues for tribunal's consideration - appeal from an interlocutory decision - leave required. Legislation Cited: Retail Leases Act, 1994 (NSW) Retail & Other Commercial Leases (Covid-19) Regulation 2021 Evidence Act 1994 NSW Civil & Administrative Tribunal Rules 2014 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Collins v Urban [2014] NSWCATAP 17 Pastizzi Cafe Pty Ltd v Hossain (No 4) [2011] NSWSC 808 The Owners – Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 Texts Cited: None cited Category: Principal judgment Parties: Funfood Pty Ltd (Appellant) Centura Global Holdings Pty Ltd (First Respondent) Valentino Kovacic (Second Respondent) Representation: Counsel: S Ahmed with R Wilson (Appellant) G McDonald (Respondents)