Jittiwanakorn v Chung Shan Enterprises Pty Ltd [2022] NSWCATCD 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jittiwanakorn v Chung Shan Enterprises Pty Ltd [2022] NSWCATCD 100 Hearing dates: 16 May 2022 Date of orders: 4 July 2022 Decision date: 04 July 2022 Jurisdiction: Consumer and Commercial Division Before: S Thode, Senior Member Decision: 1. Application COM 21/47598 is dismissed. 2. In application COM 22/09161 Yuttapong Jittiwanakorn must pay to Chung Shan Enterprises Pty Ltd the sum of $173,809.43 immediately. 3. Yuttapong Jittiwanakorn must pay the costs Chung Shan Enterprises Pty Ltd of both applications on the ordinary basis as agreed or assessed. 4. In the event any party applies for different costs orders, the order for costs made in paragraph (3) above ceases to have effect. 5. For any different application for costs, the following directions apply to that application: 6. The applicant for costs (costs applicant) is to file and serve any evidence and submissions on costs within 14 days of the date of publication of these orders. 7. The respondent to the costs application (costs respondent) is to file and serve any evidence and submissions in reply within 14 days of the date of publication of these orders. 8. The costs applicant is to file and serve any submissions in reply within 21 days from the date of publication of these orders. 9. The submissions of the parties are to include submissions about whether an order should be made dispensing with a hearing of the costs application pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. 10. In the event that any party applies for a different costs order, an indexed and paginated bundle of all costs submissions is to be provided to the Tribunal at the end of the submission period. Catchwords: LEASES AND TENANCIES – Retail Lease – Whether land tax is apportionable Legislation Cited: Retail Leases Act 1994 (NSW) Cases Cited: David Securities v Commonwealth Bank of Australia 175 CLR 353 Texts Cited: Nil Category: Principal judgment Parties: Yuttapong Jittiwanakorn (Applicant) Chung Shan Enterprises Pty Ltd (Respondent) Representation: Counsel: DM Flaherty (Applicant) A Oakes (Respondent)