Romanos v Punjabi Fusion Group Pty Ltd [2023] NSWSC 1119

Supreme Court New South Wales

Medium Neutral Citation: Romanos v Punjabi Fusion Group Pty Ltd [2023] NSWSC 1119 Hearing dates: 1 September 2023 Date of orders: 14 September 2023 Decision date: 14 September 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Mr Romanos is given leave to file the amended statement of claim as well as the foreshadowed further amended statement of claim. (2) The foreshadowed further amended statement of claim be filed within 14 days. (3) Mr Romanos must bear Punjabi's costs thrown away in respect of the statement of claim. (4) Orders sought transferring the proceedings to NCAT are refused and Punjabi's motion is dismissed. (5) Unless the parties approach to be heard within 14 days, Punjabi must pay Mr Romanos' costs of the parties' motions, as agreed or assessed. (6) The matter be adjourned to the Registrar's list for further directions on 3 October 2023. Catchwords: LEASES AND TENANCIES — where plaintiff seeks possession of premises used as restaurant, unpaid rent and other orders — where parties' previous dispute settled by heads of agreement and consent orders made by NCAT which contemplated defendant vacating premises — where defendant remains in possession — where defendant brought further proceedings before NCAT seeking to have consent orders set aside — NCAT proceedings dismissed CIVIL PROCEDURE — notice of motion — where plaintiff seeks leave to amend statement of claim to seek equitable relief in the alternative — Civil Procedure Act 2005 (NSW), s 64 — requirements of justice — leave granted CIVIL PROCEDURE — notice of motion — whether to transfer proceedings to NCAT — jurisdiction and powers of NCAT — operation of Retail Leases Act 1994 (NSW), ss 75, 76 — effect of whether heads of agreement binding on NCAT's jurisdiction — NCAT cannot grant alternative equitable relief sought — leave refused and motion dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 33, 77 Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 64, 65 Corporations Act 2001 (Cth), s 453B Retail Leases Act 1994 (NSW), ss 3, 8, 31, 31A, 62B, 63, 65, 66, 68, 70, 72, 72AA, 75, 76, 76A Uniform Civil Procedure Rules 2005 (NSW), rr 15.1, 15.3, 19.1, 42.1 Cases Cited: CAC Pty Ltd v Diamon Hill International Pty Ltd (Supreme Court (NSW), 29 May 1996, unrep) GPT Management Ltd & Anor v Spa Heaven Pty Ltd & Ors [2005] NSWSC 1043 Middleton v O'Neill (1943) 43 SR (NSW) 178 Punjabi Fusion Group Pty Ltd v Joseph John Romanos (Civil and Administrative Tribunal (Consumer and Commercial Division) (NSW), D Bluth, Senior Member, 24 August 2023, unrep) Category: Procedural rulings Parties: Joseph John Romanos (Plaintiff) Punjabi Fusion Group Pty Ltd (First Defendant) Maninder Kaur Luthra (Second Defendant) Kumaldeep Singh (Third Defendant) Representation: Counsel: Mr M J Jones (Plaintiff) Mr F G Di Lizia (Defendants)