Ngo v Sin & Partner Pty Ltd [2024] NSWCATAP 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ngo v Sin & Partner Pty Ltd [2024] NSWCATAP 148 Hearing dates: 24 July 2024 Date of orders: 01 August 2024 Decision date: 01 August 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Ziegler, Senior Member Decision: (1) Appeal dismissed. (2) If the Respondent seeks an order that its costs of the appeal be paid by the Appellant, the Respondent must, within 14 days of the date of this decision, file and serve evidence and submissions in support of such application. (3) Within 28 days of the date of this decision, the Appellant may file and serve evidence and submissions opposing the Respondent's application for costs. (4) The submissions concerning costs should include a statement as to whether the party consents to the Appeal Panel deciding costs on the papers and dispensing with a further hearing on costs. Catchwords: APPEALS – dispute concerning a retail lease regulated by the Retail Leases Act 1994 (NSW) – whether the Tribunal had jurisdiction to determine the claim of the Appellant – scope of remedies under the Retail & Other Commercial Leases (COVID-19) Regulation 2020 and National Code of Conduct. Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles Retail & Other Commercial Leases (COVID-19) Regulation 2020 Retail Leases Act 1994 (NSW) Cases Cited: Jamaican Coffee Kitchen t/as Dushan and Shelby Trust v M20 [2022] NSWCATAP 203 Weiss v Agus [2024] NSWCATAP 51 Wellness Bodycare Pty Ltd v Newtons Pharmacy Services Pty Ltd [2023] NSWCATAP 312 Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd (No 2) [2020]NSWSC1141 Texts Cited: Not applicable Category: Principal judgment Parties: Trong Duc Ngo (Appellant) Sin & Partner Pty Ltd (Respondent) Representation: Appellant: (Self-represented) Respondent: Dr K Sin (Helen Sin Legal Pty Ltd) File Number(s): 2024/00173612 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: [2024] NSWCATCD Date of Decision: 17 April 2024 Before: D Goldstein, Senior Member File Number(s): 2023/00385353