Pyrmont Point Pty Ltd v Westacott [2014] NSWCATAP 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pyrmont Point Pty Ltd v Westacott [2014] NSWCATAP 106 Hearing dates: 11 November 2014 Decision date: 16 December 2014 Jurisdiction: Appeal Panel Before: M Chesterman, Principal Member C Paull, Senior Member Decision: 1. The appeal against the Tribunal's decision made on 25 March 2014 is dismissed. 2. The Tribunal's decision made on 8 April 2014 is declared to be void and of no effect. 3. Any application by the Respondent for the costs of these appeal proceedings must be filed and served within 28 days of this decision. The Appellant must file and serve its submissions in reply within a further 28 days. The matter will then be decided 'on the papers', pursuant to section 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: Lease - whether a retail shop lease - construction of Retail Leases Act 1994, section 6(1)(b) Legislation Cited: Civil and Administrative Tribunal Act 2013 Interpretation Act 1987 Retail Leases Act 1994 Cases Cited: Pyrmont Point Pty Ltd v Albert Victor Westacott [2014] NSWCATCD 42 Pyrmont Point Pty Ltd (ACN 145199784) trading as "Red Bottle") v Albert Victor Westacott [2014] NSWCATCD 40 Wilson v Sydney Markets Limited [2009] NSWADT 256 Category: Principal judgment Parties: Pyrmont Point Pty Ltd (Appellant) Albert Victor Westacott (Respondent) Representation: D Murr SC (Appellant) D Smallbone (Respondent) JDK Legal (Appellant) RJI Legal (Respondent) File Number(s): AP 14/46344 Decision under appeal Before: Consumer and Commercial Division File Number(s): COM 14/16402; COM 14/00227