Impressive 1 Pty Ltd v Jbarat [2022] NSWCATCD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Impressive 1 Pty Ltd v Jbarat [2022] NSWCATCD 105 Hearing dates: 5 July 2022 Date of orders: 6 July 2022 Decision date: 06 July 2022 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The proceedings are dismissed. Catchwords: LEASES AND TENANCIES — Retail leases — Retail shop lease — where lessee claimed lessor breached the lease by refusing permission for the removal of its goods and fixtures LEASES AND TENANCIES — Retail leases — Retail shop lease — where lessee claimed lessor converted its goods and fixtures Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Jiwira v PIBA [2000] NSWSC 1094 Rapid Roofing Pty Ltd v Natalise Pty Ltd [2007] 2 Qd R 335; [2007] QCA 94 Texts Cited: Nil Category: Principal judgment Parties: Impressive 1 Pty Ltd (Applicant) Fadi Jbarat (Respondent) Representation: S Maheswaran (Applicant) Respondent (self-represented) File Number(s): COM 21/051122 Publication restriction: Nil

REASONS FOR DECISION

Overview 1. These proceedings involve disputes arising out of a retail shop lease of premises at Blacktown (the premises) between the tenant, Impressive 1 Pty Ltd (Impressive), and the landlord, Fadi Jbarat (Mr Jbarat), in which Impressive seeks relief against Mr Jbarat under the Retail Leases Act 1994 (NSW) (RL Act). 2. I have decided that the proceedings should be dismissed.