City Convenience Leasing Pty Limited v Boo [2015] NSWSC 1271

Supreme Court New South Wales

Medium Neutral Citation: City Convenience Leasing Pty Limited v Boo [2015] NSWSC 1271 Hearing dates: 28 July 2015 Date of orders: 03 September 2015 Decision date: 03 September 2015 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Leave to appeal is refused.

(2) The usual order as to costs is that they follow the event. Unless the parties approach within 14 days that will be the Courts order.

(3) All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. Catchwords: APPEAL – leave to appeal against a costs order – NCAT decision – jurisdiction – appeal does not raise a question of law – costs – leave to appeal is refused Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Brymount Pty Ltd t/a Watson Toyota v Cummins; Young Shire Council v Cummins (No 2) [2005] NSWCA 69 Charalambous v Yeung (No 2) (RLD) [2014] NSWCATAP 1 City Convenience Leasing Pty Ltd v Boo [2013] NSWADT 268 City Convenience Leasing Pty Ltd v Boo [2014] NSWCATAP 12 City Convenience Leasing Pty Ltd v Boo (No 2) [2014] NSWCATAP 55 Hazeldene's Chicken Farm Pty Ltd v Victorian House v The King [1936] HCA 40; (1936) 55 CLR 499 Irresistible Frocks Salon Pty Ltd v Sparbac Pty Ltd and Roche Group Pty Ltd (No 2) [2004] NSWADT 72 Jones v Bradley (No. 2) [2003] NSWCA 258 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No. 2) [2008] NSWCA 85 Miwa Pty Ltd v Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344 Prospect Resources Ltd v Molyneux [2015] NSWCA 171 SMEC Testing Services Pty Limited [2000] NSWCA 323 Thaina Town (On Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300; (2007) 71 NSWLR 230 WorkCover Authority (No 2) [2005] VSCA 298; 13 VR 435 Category: Principal judgment Parties: City Convenience Leasing Pty Limited (Plaintiff) Akau Boo (First Defendant) Vinh Quang Tran (Second Defendant) Kim Chau Tran (Third Defendant) Representation: Counsel: Mr AF Fernon (Plaintiff) Mr C Ireland (Defendants)