City Convenience Leasing Pty Ltd v Dencal Pty Ltd [2015] NSWCATAP 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: City Convenience Leasing Pty Ltd v Dencal Pty Ltd [2015] NSWCATAP 205 Hearing dates: 17 September 2014, 22 October 2014 Date of orders: 24 September 2015 Decision date: 24 September 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member P Wass SC, Senior Member Decision: (1) Appeal dismissed;

(2) Any application for costs is to be filed and served within 7 days from the date of these orders. Any application is to include written submissions and any other material to be relied upon in support of the application.

(3) The party against whom any application for costs is made must file and serve any submissions and material in reply within 14 days from the date of these orders.

(4) The applicant for costs is to file any submissions in reply within 21 days from the date of these orders.

(5) The submissions by the parties are also to address the question of whether or not any application for costs should be dealt with on the papers and whether the Tribunal should make an order to allow this to occur. Catchwords: s69 Retail Leases Act - admissibility in Tribunal proceedings of agreements reached in the course of mediation - privilege and protection of communications with agent representing a party in proceedings involving a retail lease dispute - construction of a settlement agreement Legislation Cited: Civil and Administrative Tribunal Act, 2013 Retail Leases Act, 1994 Cases Cited: Armstrong Jones Management Pty Ltd v Saies-Bond & Associates Pty Ltd (No.2) [2007] NSWADT ANZ v Bank Ciavarella [2002] NSWSC 1186 Baker v Campbell (1985) 158 CLR 52 Collins v. Urban [2014] NSWCATAP 17 Gain v Commonwealth Bank [1997] 42 NSWLR 252 Commonwealth Bank of Australia v McConnell DB Rreef Funds Management Ltd & P.T. Ltd v Valentino Home Fashion Pty Ltd; Valentino Home Fashion Pty v Westfield Hurstville (Westfield Management) [2008] NSWADT 332 Kioa v West 159 CLR 550 Slee v Warke [1949] 86 CLR 271 State Bank of NSW v Freeman NSWSC Toll (FGCT) Pty Ltd v Alphagram Pty Ltd and Ors [2004] 219 CLR 165 Wallis Lake Fisherman's Co-operative Ltd v ACN 079 830 595 Pty Ltd t/as Jolly Joe's Fish 'n' Chips (No 2) (RLD) [2011] NSWADTAP 29 Wentworth v Rogers & Anor. [2004] NSWCA 109 Yokogawa Australia Pty Ltd & Ors v Alstrom Power Ltd 262 ALR 738 Texts Cited: Nil Category: Principal judgment Parties: City Convenience Leasing Pty Ltd (ACN 085 182 978) (First Appellant) Jamal Gebara (Second Appellant) Dencal Pty Ltd (ACN 080 563 533) (Respondent) Representation: Appellants: H Soltan, (Agent) Respondent: J Conomy Solicitor , JDK Legal File Number(s): AP 14/46360 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Divison Citation: Not applicable Date of Decision: 04 April 2014 Before: K Rickards, General Member File Number(s): COM 14/00617