Coslo Foods Pty Ltd v Bardouh [2014] NSWCATAP 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Coslo Foods Pty Ltd v Bardouh [2014] NSWCATAP 97 Hearing dates: 13 October 2014 Decision date: 04 December 2014 Jurisdiction: Appeal Panel Before: Acting Judge K P O'Connor, AM, Deputy President K Rosser, Senior Member Decision: Appeal dismissed. Catchwords: RETAIL LEASES -valid exercise of option to renew by lessee - lock-out of lessee following notice to quit after expiry of original lease - held option had been renounced by lessee by conduct prior to lock-out - therefore notice to quit effective - Appeal - whether Tribunal erred in law -standard to be applied in relation to a finding of renunciation - Tribunal did not misapply standard to facts - communication on which the Tribunal primarily relied for its finding was considered in context - lock-out premature by one day - whether Tribunal failed properly to quantify appellant's loss of stock in its damages award against the respondent - no error - appeal dismissed. Legislation Cited: Retail Leases Act 1994 Civil and Administrative Tribunal Act 2013 Cases Cited: Abalos v Australian Postal Commission [1990] HCA 47; (1990) 171 CLR 167 Apriaden Pty Ltd v Seacrest Pty Ltd [2005] VSCA 139 Caldwell v Hill [2000] NSWCA 239 Collector of Customs v Pozzolanic [1993] FCA 456; (1993) 43 FCR 280 Craig v South Australia (1995) 184 CLR 163 Devries v Australian National Railways Commission [1993] HCA 78; (1993) 177 CLR 472 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Golden Harvest (Australia) Pty Ltd v Paing Pty Ltd & Ors (RLD) [2002] NSWADTAP 40 Gumland v Duffy [2006] NSWSC 10 Hawkhouse Pty Ltd v La Cava Holdings Pty Ltd (FC(WA), 17 December 1991 Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115 Kirk v Industrial Relations Commission of NSW (2010) 239 CLR 531 Lotz v Coco Chocolates Pty Ltd [2013] NSWADTAP 43 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Progressive Mailing House Pty Ltd v Tabali Pty Ltd [1985] HCA 14; (1985) 157 CLR 17 Shevill v Builders' Licensing Board [1982] HCA 47; (1982) 149 CLR 620 Soliman v Roads and Maritime Services (GD) [2012] NSWADTAP 11 State Railway Authority of New South Wales v Earthline Constructions Pty Ltd (In Liq) [1999] HCA 3; (1990) 160 ALR 588 Tyco v Optus Networks [2004] NSWCA 333 Texts Cited: - Category: Principal judgment Parties: Coslo Foods Corp Pty Ltd (Appellant) Ali Bardouh and Soumaya Bardouh (Respondents) Representation: M Mandoh (Appellant) M Southwick (Respondent) Surry Partners (Respondent) File Number(s): AP 14/46321 Decision under appeal Citation: [2014] NSWCATCD 2 Date of Decision: 2014-02-28 00:00:00 Before: D Patten (Principal Member) G Pinter (General Member, as adviser) P Drake (General Member, as adviser) File Number(s): 125137/135021