IK Chemists Pty v CHOF4 Artarmon Pty Ltd [2015] NSWCATAP 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: IK Chemists Pty v CHOF4 Artarmon Pty Ltd [2015] NSWCATAP 144 Hearing dates: 27 February 2015 Date of orders: 16 July 2015 Decision date: 16 July 2015 Jurisdiction: Appeal Panel Before: Mr L Robberds QC, Senior Member Mr R Titterton, Senior Member Decision: The appeal is allowed. The matter is remitted to the Consumer and Commercial Division of the Tribunal for determination. Catchwords: Retail Tenancy Act – monetary limit on Tribunal's jurisdiction – whether Supreme Court claim by respondent sublessor in excess of monetary limit is to be taken into account on monetary limit of Tribunal's jurisdiction – whether retail dispute between the parties was for a monetary sum in excess of the jurisdictional limit of the Tribunal. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil Procedure Act 2005 Consumer Claims Act 1998 Retail Leases Act 1994 Cases Cited: Brashes Convenience Store Pty Ltd v Pitt & Castlereagh Pty Ltd [2013] NSWADT118 Craig v The State of South Australia (1995) 184 CLR 163 Curcio v AMP Warringah Mall Pty Ltd [2013] NSWADT F v National Crime Authority (1998) 83 FCR 99 Jonsson v Arkway Pty Ltd [2003] NSWSC 815 Poat v Consumer Trader and Tenancy Tribunal [2004] NSWSC 947 Prestige Residential Marketing Pty Limited v A & M Short Investments Pty Limited [2005] NSWSC 485 Category: Principal judgment Parties: IK Chemists Pty (Appellant) CHOF4 Artarmon Pty Ltd (Respondent) Representation: Counsel: