Charalambous v Yeung (RLD) [2013] NSWADTAP 44

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Charalambous v Yeung (RLD) [2013] NSWADTAP 44 Hearing dates: 9 August 2013 Decision date: 27 September 2013 Jurisdiction: Appeal Panel - Internal Before: M Chesterman, Deputy President P Molony, Judicial Member J Butlin, Non-judicial Member Decision: 1. The appeal is dismissed. 2. Any application by the Respondent for the costs of these appeal proceedings must be filed and served within 28 days, along with supporting submissions and any additional submissions he may wish to make as to the costs of the proceedings at first instance. Any submissions in reply by the Appellant must be filed and served within a further 28 days. These matters of costs will then be determined 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997, unless the Appeal Panel decides that a hearing is required. Catchwords: Retail lease - whether lessee liable for damage caused by fire in premises - Civil Liability Act 2002 - identification of relevant risk of harm Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil Liability Act 2002 Retail Leases Act 1994 Cases Cited: Chapman v Hearse (1961) 106 CLR 112 Charalambous v Yeung [2013] NSWADT 86 Garzo v Liverpool/Campbelltown Christian School [2012] NSWCA 151 Jolley v Sutton London Borough Council [2000] 3 All ER 409 Manley v Alexander (2005) 223 ALR 228; [2005] HCA 79 Overseas Tankship (UK) Ltd v Miller Steamship Co Pty Ltd [1967] AC 617 Pitt Son & Badgery Ltd v Proulefco SA (1984) 153 CLR 645 Shoalhaven City Council v Pender [2013] NSWCA 210 Sibraa v Brown [2012] NSWCA 328 Tame v New South Wales; Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317; [2002] HCA 35 Wyong Shire Council v Shirt (1980) 146 CLR 40; [1980] HCA 12 Category: Principal judgment Parties: Neophytous Charalambous (Appellant) Eric Au Yeung (Respondent) Representation: N Allan (Appellant) R Perla (Respondent) Bicknell & Moneith Lawyers (Appellant) Turks Legal (Respondent) File Number(s): 139019 Decision under appeal Citation: Charalambous v Yeung [2013] NSWADT 86 Date of Decision: 2013-04-24 00:00:00 Before: Retail Leases Division File Number(s): 125083