Pizza Headquarters Pty Ltd v PCA Hunter Pty Ltd & Anor [2022] NSWCATAP 288

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pizza Headquarters Pty Ltd v PCA Hunter Pty Ltd & Anor [2022] NSWCATAP 288 Hearing dates: 29 August 2022 Date of orders: 7 September 2022 Decision date: 07 September 2022 Jurisdiction: Appeal Panel Before: S Thode, Senior Member D Fairlie, Senior Member Decision: 1. Leave to Appeal refused. 2. Appeal dismissed. Catchwords: APPEALS - RETAIL LEASE – Retail Leases Act 1994 – whether findings against the weight of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Cases Cited: Skywing Pty Ltd v Trust Company of Australia [2005] NSWADTAP 10; Tate v Unanderra Heights Pty Limited [2005] NSWADTAP 5; Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 ; Collins v Urban [2014] NSWCATAP 17; Chapman v Cheng & Anor [2002] NSWADTAP 23; Despot v Dublin Group [2014] NSWCATCD 39; Foodtech Group Pty Ltd v DHK Consolidated Pty Ltd [2013] NSWADT; Pampering Patisseries Pty Ltd v Fanos [2018] NSWCATAP; Johnson v D & S Australia Pty Ltd [2021] NSWCATCD Category: Principal judgment Parties: Pizza Headquarters Pty Ltd (Appellant) PCA Hunter Pty Ltd (First Respondent) NSRD Pty Ltd (Second Respondent) Representation: J Dandilly (Appellant) L Saccaro ( First Respondent) G Haines (Second Respondent) File Number(s): 2022/00184490 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: 2022 NSWCATCD [*] Date of Decision: 25 May 2022 Before: K Ross, Senior Member File Number(s): COM 21/14603