George's Spice Pty Ltd v Southern Highland Rentals Pty Ltd; Southern Highlands Rentals Pty Ltd v George's Spice Pty Ltd [2015] NSWCATCD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: George's Spice Pty Ltd v Southern Highland Rentals Pty Ltd; Southern Highlands Rentals Pty Ltd v George's Spice Pty Ltd [2015] NSWCATCD 42 Hearing dates: 4 December 2014 Decision date: 27 March 2015 Jurisdiction: Consumer and Commercial Division Before: K Rickards, General Member Decision: 1. The application in proceedings COM 14/27626 is dismissed.

2. In proceedings COM 14/39748, the respondent George's Spice Pty Ltd is ordered to pay the sum of $31,463.49 to the applicant Southern Highlands Rentals Pty Ltd immediately. 3. Unless either party files and serves written submissions within 7 days of the date of these orders as to why costs should be awarded in accordance with the provisions of section 60 of the Civil and Administrative Tribunal Act 2013, each party is to bear its own costs of each of the proceedings COM 14/39748 and COM 14/27626. If submissions are filed by a party in accordance with this order, the other party is to file and serve any written submissions in reply within 14 days of the date of these orders, and a determination as to costs will then be made upon the papers filed. Catchwords: Pre-lease misrepresentations; misleading or deceptive conduct; implied terms of retail lease agreement Legislation Cited: Retail Leases Act 1994 Cases Cited: Golden Harvest (Australia) P/L v Paing P/L & ors [2002] NSWADTAP 40; Toll (FCGT) Pty Ltd v Alphapharm P/L [2004] HCA 52; Taylor v Dexta Corporation Ltd [2006] NSWCA 310 Category: Principal judgment Parties: George's Spice Pty Ltd (applicant/cross respondent) Southern Highlands Rentals Pty Ltd (respondent/cross applicant) Representation: P Kennedy Solicitor - Applicant/Cross-Respondent G Beveridge Barrister - Respondent/Cross-Applicant File Number(s): COM 14/27626; COM 14/39748 Publication restriction: Nil