Camseg Pty Ltd atf the Hair By Cam Discretionary Trust v Napoli [2022] NSWCATCD 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Camseg Pty Ltd atf the Hair By Cam Discretionary Trust v Napoli [2022] NSWCATCD 81 Hearing dates: 24 March 2022 Date of orders: 1 April 2022 Decision date: 01 April 2022 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: (1) Application dismissed. (2) The respondent may file and serve written submissions within 14 days of the date of this decision seeking an order in relation to the costs of the proceedings. (3) If the respondent files submissions in accordance with order (2), the applicant may file submissions in response within a further 14 days. (4) Any submissions filed in accordance with orders (2) and (3) must address the question whether the question of costs may be determined on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (5) If no submissions are filed in accordance with order (2), there will be no order as to the costs of the application. Catchwords: LEASES AND TENANCIES — Retail Leases — NSW Civil and Administrative Tribunal — Jurisdiction and power — Retail Leases Act 1994 (NSW) — Whether "licence" to use chair and beauty therapy room in hairdressing salon was a retail shop lease LEASES AND TENANCIES — Retail leases — Disclosure statements — Failure to provide disclosure statement on renewal — Right of lessee to terminate lease within six months of entry into lease — Renewed lease was entered into at commencement of term not at time when parties became bound to renewed term LEASES AND TENANCIES — Retail leases — Unconscionable conduct — Failure of lessor to warn lessee that automatic renewal of lease was imminent not unconscionable conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retail Leases Act 1994 (NSW) Retail Leases Amendment (Review) Act 2017 (NSW) Cases Cited: ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224 Bavin v Parklea Operations Pty Ltd [2019] NSWCATAP 120 Bell Solar Pty Limited t/as Sunboost v Anderson [2021] NSWCATAP 278 Manly Council v Malouf (2004) 61 NSWLR 394 Sydney Markets Ltd v Wilson [2011] NSWCA 201 Texts Cited: Nil Category: Principal judgment Parties: Camseg Pty Ltd as trustee for the Hair By Cam Discretionary Trust (Applicant) Kylie Anne Napoli (Respondent) Representation: Counsel: H Sonmez (Applicant) B Pluznyk (Respondent)