Targeted Property Investments Pty Ltd v Look Up Technologies Pty Ltd [2022] NSWCATAP 318

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Targeted Property Investments Pty Ltd v Look Up Technologies Pty Ltd [2022] NSWCATAP 318 Hearing dates: 13 September 2022 Date of orders: 7 October 2022 Decision date: 07 October 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Sarginson, Senior Member Decision: (1) Appeal dismissed. (2) If the Respondent seeks costs of the appeal, it should file and serve written submissions within 14 days of the publication of these orders. (3) Within 14 days thereafter the Appellant has leave to file and serve submissions in response to the Respondent's submissions. (4) The parties' submissions on costs of the appeal should include submissions as to whether the Tribunal may decide costs on the papers by making an order dispensing with a further hearing. Catchwords: APPEAL-retail lease-meaning of retail shop-whether premises were being used wholly or predominantly for a retail purpose Legislation Cited: Retail Leases Act 1994 (NSW) Cases Cited: Diamond Certification Laboratories Pty Ltd v The Trust Company Pty Ltd (2015) NSWCATCD 122 Hanave PL v Wine Nomad PL [2022] NSWCATAP 153 Hardcore Gym Pty Ltd v Police Citizens Youth Club Ltd [2014] NSWCATCD 249 Lane Cove 83 Pty Ltd v Vodafone Network Pty Ltd [2017] NSWCATCD 13 Mi-Ok Ltd v Shaul [2011] NSWADT282 Robin Raju & Associates PL v Kaplan Investments PL [2021] NSWCATCD 90 Texts Cited: Nil Category: Principal judgment Parties: Targeted Property Investments Pty Ltd (Appellant) Look Up Technologies Pty Ltd (Respondent) Representation: Counsel: A Fernon SC and JP Nathan (Appellant) P Finch (Respondent)