Targeted Property Investments Pty Ltd v Look Up Technologies Pty Ltd [2022] NSWSC 1465

Supreme Court New South Wales

Medium Neutral Citation: Targeted Property Investments Pty Ltd v Look Up Technologies Pty Ltd [2022] NSWSC 1465 Hearing dates: 14 October 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Common Law Before: Hamill J Decision: (1) The application for a stay of the decision of the NCAT Appeal Panel dated 7 October 2022 is refused. (2) The application to vacate the NCAT hearing date of 17-18 October 2022 is refused. (3) The plaintiff is to pay the defendant's costs of 14 October 2022. Catchwords: CIVIL LAW – application for a stay of NCAT decision – termination of lease – question of jurisdiction – fragmentation of proceedings – where substantive issues listed before Tribunal next week – urgent application – unhappy compromise – lawyer's picnic Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Retail Leases Act 1994 (NSW), s 3 Category: Procedural rulings Parties: Targeted Property Investments Pty Ltd (Plaintiff) Look Up Technologies Pty Ltd (Defendant) Representation: Counsel: A Fernon SC with JP Nathan (Plaintiff) P Finch (Defendant)

Solicitors: SK Law Group Pty Ltd (Plaintiff) Tsintilas & Associates (Defendant) File Number(s): 2022/304325 Decision under appeal Court or tribunal: NSW Civil & Administrative Tribunal Jurisdiction: Appeal Panel Citation: Targeted Property Investments Pty Ltd v Look Up Technologies Pty Ltd [2022] NSWCATAP 318 Date of Decision: 7 October 2022 Before: S Westgarth, Deputy President G Sarginson, Senior Member File Number(s): 2022/219954