Georges Spice Pty Ltd v Southern Highlands Rentals Pty Ltd [2015] NSWCATAP 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Georges Spice Pty Ltd v Southern Highlands Rentals Pty Ltd [2015] NSWCATAP 191 Hearing dates: 3 August 2015 Date of orders: 09 September 2015 Decision date: 09 September 2015 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member S Thode, Senior Member Decision: 1. Appeal allowed. 2. Orders 1 and 2 of the Tribunal made 27 March 2015 are set aside. 3. Remit the matter to the Tribunal as previously constituted to determine the matters set out in [55] of these reasons. Catchwords: APPEAL: errors of law. RETAIL LEASES: implied term of fitness of premises for intended use, whether implied term breached, whether lessee entitled to compensation. Legislation Cited: Retail Leases Act (NSW) 1994 Cases Cited: Advanced Fitness Corporation Pty Ltd v Bondi Diggers Memorial Sporting Club Ltd [1999] NSWSC 264 Fallon Street Properties Pty Ltd v Steel & Stuff Pty Ltd [2006] NSWCA 296 Harrem Pty Ltd v Toyo Tyre Rubber Australia Ltd [2008] NSWSC 776 Toll (FGCT) Pty Ltd v Alphapharm [2004] HCA 52, (2004) 219 CLR 165 Category: Principal judgment Parties: Georges Spice Pty Ltd – Appellant Southern Highlands Rentals Pty Ltd - Respondent Representation: Counsel: Mr Knackstradt – Appellant Mr Beverage - Respondent

Solicitors: Mooney & Kennedy, Solicitors – Appellant Our Lawyers, Mittagong - Respondent File Number(s): AP 15/29951 Publication restriction: NIL Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 27 March 2015 Before: K Rickards, Member File Number(s): COM 14/27626; COM 14/39748