J Family Trading Pty Ltd v Scone Village Food Emporium Pty Ltd [2022] NSWCATAP 311

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: J Family Trading Pty Ltd v Scone Village Food Emporium Pty Ltd [2022] NSWCATAP 311 Hearing dates: 15 September 2022 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) The application for a stay is dismissed. (2) Procedural directions will issue in respect of any application for costs and the future conduct of the appeal. Catchwords: APPEAL – application for a stay for alleged tenant to maintain possession of premises pending determination of the appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: 1st Fleet Pty Ltd v Australian Cooperative Foods Ltd [2006] NSWSC 881; Attorney-General v Knight [2014] VSC 549; Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; (1968) 118 CLR 618; Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37; Beswicke v Alner [1926] VicLawRp 10; [1926] VLR 72; CCS 251 Elizabeth Street Sydney Pty Ltd v Hellenic Club Ltd [2016] NSWCATCD 88; Chamberlain Early Learning Centre Pty Limited v Chamberlain Group Pty Limited [2015] NSWSC 751; Collins v Urban [2014] NSWCATAP 17; Funfood Pty Ltd v Centura Global Holdings Pty Ltd [2022] NSWCATAP 189; Masters v Cameron (1954) 91 CLR 353; Metro Chatswood Pty Ltd v CRI Chatswood Pty Ltd (In Liquidation) (Receivers and Managers Appointed) & Ors [2012] NSWCA 49; Orr v Cobar Management Pty Limited [2020] NSWCCA 220; Secretary, Department of Family and Community Services v Phair [2017] NSWCA 206; Stageman v St John Ambulance Association in Western Australia Incorporated [2010] WASC 203; Texts Cited: None cited Category: Procedural rulings Parties: J Family Trading Pty Ltd (Appellant) Scone Village Food Emporium Pty Ltd (Respondent) Representation: Counsel: L James (Appellant) E Cox SC (Respondent)