City Convenience Leasing Pty Ltd v Boo [2014] NSWCATAP 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: City Convenience Leasing Pty Ltd v Boo [2014] NSWCATAP 12 Hearing dates: 17 March 2014 Decision date: 07 April 2014 Jurisdiction: Appeal Panel Before: M Chesterman, Principal Member D Bluth, Senior Member P Drake, General Member Decision: 1.The appeal is dismissed. 2.Any application by the Respondents for the costs of these appeal proceedings must be filed and served within 28 days, along with supporting submissions and any additional submissions they 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: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - Appeal Panel - appeal from CTTT - retail lease - application for appointment of specialist retail valuer - whether parties had already agreed on current market rent - estoppel - whether rules of natural justice observed Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: B.P. Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 52 ALJR 20 Brambles Holdings Limited v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 429 Callaghan v Merivale CBD Pty Ltd [2005] NSWSC 985 City Convenience Leasing Pty Ltd v Boo [2013] NSWADT 268 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7 Franklins Pty Ltd v Metcash Ltd (2009) 76 NSWLR 603; [2009] NSWCA 407 Masters v Cameron (1954) 91 CLR 353 Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Zucker v Straightlace Pty Ltd (1986) 11 NSWLR 87 Texts Cited: J W Carter, The Construction of Commercial Contracts, (2013), Hart Publishing Category: Principal judgment Parties: City Convenience Leasing Pty Ltd (Appellant) Akau Boo (First Respondent) Vinh Quang Tran (Second Respondent) Kim Chau Tran (Third Respondent) File Number(s): 139049 Decision under appeal Jurisdiction: 150005 Citation: City Convenience Leasing Pty Ltd v Boo [2013] NSWADT 268 Date of Decision: 2013-11-04 00:00:00 Before: Retail Leases Division File Number(s): 135104