Auskosu Pty Ltd v Lendlease Real Estate Investments Limited; Auskosu Pty Ltd v Lendlease Real Estate Investments Limited [2023] NSWCATCD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Auskosu Pty Ltd v Lendlease Real Estate Investments Limited; Auskosu Pty Ltd v Lendlease Real Estate Investments Limited [2023] NSWCATCD 33 Hearing dates: 4 July 2023, 7 July 2023, 11 July 2023 and 13 July 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Consumer and Commercial Division Before: M Harrowell, Deputy President Decision: 1. GPT Funds Management Limited is joined as the second respondent. 2. Applications COM 23/30080 and COM 23/30082 are dismissed pursuant to s 55(1)(a) of the Civil and Administrative Tribunal Act as the applications are withdrawn. 3. The applicants should pay to the respondents 80% of the respondents' costs of proceedings COM 23/30080 and COM 23/30082, such costs to be as agreed or assessed on an ordinary basis. Catchwords: CONSTITUTIONAL LAW – Federal jurisdiction – no power of the Tribunal to determine a federal matter – issue raised in course of submissions – powers of the Tribunal to make a costs order where no decision on the substantive matter. COSTS – special circumstances where federal matter raised and deprives Tribunal of jurisdiction to determine claim under the Retail Lease Act 1994 – relevant considerations. Legislation Cited: Conveyancing Act 1919 (NSW) Corporations Act 2001 (Cth) Interpretation Act 1987 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Attorney General for New South Wales v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 254 Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212 Burns v Corbett (2018) 265 CLR 304; [2018] HCA 15: Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 Dalton v Qantas Airways Ltd; Dalton v Morrison [2020] NSWCATCD 2 LNC Industries Ltd v BMW (Australia) Ltd (1983) 151 CLR 575; [1983] HCA 31 Lockery v Historic Houses Trust of New South Wales [2012] NSWCA 249 Shepherd v Felt & Textiles of Australia Ltd (1931) 45 CLR 359; [1931] HCA 21 Wilson v Chan & Naylor Parramatta Pty Ltd 103 NSWLR 140; [2020] NSWCA 213 Texts Cited: Nil Category: Principal judgment Parties: Auskosu Pty Ltd (First Applicant) Sushi Bay Pty Ltd (In liq) (Second Applicant) Lendlease Real Estate Investment Limited (First Respondent) GPT Funds Management Ltd (Second Respondent) Representation: Counsel: