IK Chemists Pty Ltd v CHOF4 Artarmon Pty Ltd [2014] NSWCATCD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: IK Chemists Pty Ltd v CHOF4 Artarmon Pty Ltd [2014] NSWCATCD 150 Hearing dates: On the papers Decision date: 16 September 2014 Before: D Bluth, Senior Member Decision: 1. The Tribunal does not have jurisdiction to hear the retail dispute between the parties; 2. While costs were not discussed unless the respondent specifically believes that it should apply for costs, within 14 days of this order, there is no order for costs; 3. If the respondent does so apply then the issue of costs should be dealt with on the papers with submissions from the parties within 21 days of the respondent's application. Catchwords: Retail lease; jurisdiction of the Tribunal s73(1). Legislation Cited: Retail Leases Act 1974 Civil and Administrative Tribunal Act 2013 Civil Procedure Act 2005 Cases Cited: Andjoy Pty Ltd v Shand [2015] NSW ADT 192 Brashes Convenience Store Pty Ltd v Pitt & Castlereagh Pty Ltd [213] NSW ADT 118.

Kindful (Australia) Pty Ltd v Country Villa Holdings Pty Ltd [2006] NSW ADT 224

Prestige Residential Marketing Pty Ltd v A&M Short Investments Pty Ltd & Anor [2005] NSW SC485

PT Ltd v Spuds Surf Chatswood Pty Ltd [2013] NSWCA 446 Texts Cited: Nil Category: Principal judgment Parties: IK Chemists Pty Ltd v CHOF4 Artarmon Pty Ltd Representation: Mr S Goodman (applicant) Mr B Le Plastrier (respondent) Clinch Long Letherbarrow (applicant) Sparke Helmore (respondent) File Number(s): COM 14/00469