Doula Spirit Pty Ltd v Andrew Argyrou [2014] NSWCATCD 251

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Doula Spirit Pty Ltd v Andrew Argyrou [2014] NSWCATCD 251 Hearing dates: On the papers Date of orders: 16 October 2014 Decision date: 16 October 2014 Jurisdiction: Consumer and Commercial Division Before: Jeffery Smith, Senior Member Decision: 1. The Tribunal lacks jurisdiction to hear and determine the application under the Retail Leases Act 1994. 2. The application is dismissed. 3. The issue of costs is reserved. Directions 4. Leave is granted for the parties to raise the issue of costs by way of a request for a short hearing on the issue or by filing and serving a short submission on the issue within 21 days of the date of these orders. 5. Application GEN 14 /39371 will be set down for hearing on a date to be fixed by the Registrar. 6. The parties' attention is drawn to the directions for preparation in GEN 14/39371. Any application for departure from the timetable set by the Tribunal must be made in writing. 7. Leave for the parties to be legally represented in GEN 14/ 39371 is withdrawn. Catchwords: Retail shop lease, whether "doula training" is retail shop, predominant use, jurisdiction Legislation Cited: Retail Leases Act 1994 Cases Cited: Honings Bakery Pty.Ltd. v Cerialis Pty. Ltd. [2014]NSWCATCD 87, Wood and Wilson v Bergman [2003]NSWADT 82, Moweno Pty. Ltd. v Stratis Promotions Pty.Ltd.[2002]NSWSC 1151, Owners of Ship Shin Kobe Maru v Empire Shipping Co. Inc. [1994]CLR 404 Category: Principal judgment Parties: Doula Spirit Pty Ltd (Applicant) Andrew Argyrou (Respondent) Representation: Ms Bashi Hazard of BWLaw for the applicant Mr David Sachs of Sachs Gerace Lawyers for the respondent File Number(s): COM 14/39370