City Convenience Leasing Pty Ltd v Boo (No 2) [2014] NSWCATAP 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: City Convenience Leasing Pty Ltd v Boo (No 2) [2014] NSWCATAP 55 Hearing dates: On the papers Decision date: 30 September 2014 Jurisdiction: Appeal Panel Before: M Chesterman, Principal Member Decision: 1. The Appellant is to pay the Respondents' costs of the proceedings at first instance as from 17 September 2013. 2. The Appellant is to pay the Respondents' costs of the appeal proceedings. 3. The amounts of these costs are to be agreed or assessed on a party/party basis. Catchwords: Retail lease - application for appointment of specialist retail valuer - decision that parties had already agreed on current market rent - costs at first instance and on appeal Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Retail Leases Act 1994 Cases Cited: Brymount Pty Ltd t/a Watson Toyota (CAN 003 200 459) v Cummins & Anor, Young Shire Council v Cummins & Anor [2005] NSWCA 69 Charalambous v Yeung (No 2) (RLD) [2014] NSWCATAP 1 City Convenience Leasing Pty Ltd v Boo [2013] NSWADT 268 City Convenience Leasing Pty Ltd v Boo [2014] NSWCATAP 12 Jonamill Pty Ltd v Alramon Pty Ltd (No 2) [2010] NSWADTAP 3 Jones v Bradley (No 2) [2003] NSWCA 258 Category: Principal judgment Parties: City Convenience Leasing Pty Ltd (Appellant) Akau Boo (First Respondent) Vinh Quang Tran (Second Respondent) Kim Chau Tran (Third Respondent) Representation: H Soltan, (Appellant's agent) Coleman & Greig Solicitors (Respondents) File Number(s): 135104, 139049 Decision under appeal 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, 139049