Perpetual Trustee Company Limited v Anthony Nguyen & Thi Nguyen [2015] NSWCATCD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Perpetual Trustee Company Limited v Anthony Nguyen & Thi Nguyen [2015] NSWCATCD 19 Hearing dates: 30 October and 11 December 2014 Decision date: 17 February 2015 Jurisdiction: Consumer and Commercial Division Before: Kim Rickards, General Member Decision: 1. The 1st and 2nd Respondents are to pay the sum of $164,496.03 to the Applicant. 2. There is no order made as to costs to the effect that the parties are to each bear their own costs of the proceedings. Catchwords: Construction of terms of lease agreement; mistake; estoppel; costs Legislation Cited: Civil and Administrative Tribunal Act 2013; Administrative Decisions Tribunal Act 1997 Cases Cited: Hyde and Skin Trading Pty Ltd v Oceanic Meat Traders Ltd [1990] 20 NSWLR 311; National Australia Bank v Clowes [2013] NSWCA 179; Toll(FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; Smith trading as Flames Grill and Carvery v Trust Company of Australia Ltd [2008] NSWADT 10; Taylor v Dexta Corporation Ltd [2006] NSWCA 310; Peppers Hotel Management Pty Ltd v Hotel Capital Partners Ltd [2004] NSWCA 114 Category: Principal judgment Parties: Perpetual Trustee Company Ltd (applicant) Anthony Nguyen & Thi Nguyen (first and second respondents) Representation: Counsel: A Fernon - Applicant - B Zipser - 1st & 2nd Respondents Solicitors: HWL Ebsworth - Applicant - Bui Lawyers - 1st & 2nd Respondents File Number(s): COM 14/19397 Publication restriction: Nil