Diamond Certification Laboratories Pty Ltd v The Trust Company Ltd [2015] NSWCATCD 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Diamond Certification Laboratories Pty Ltd v The Trust Company Ltd [2015] NSWCATCD 122 Hearing dates: 16 and 20 October 2015, 5 November 2015 Date of orders: 30 November 2015 Decision date: 30 November 2015 Jurisdiction: Consumer and Commercial Division Before: The Hon D A Cowdroy ADCJ, Principal Member J Redfern, Principal Member Decision: 1. The Tribunal does not have jurisdiction to hear the claim. 2. The application is dismissed. 3. Costs reserved, with directions. Catchwords: RETAIL LEASES – Retail Lease Act 1994 (NSW) – jurisdiction of the Civil and Administrative Tribunal – meaning of "retail shop" – whether premises excluded from operation of the Act – whether premises "in an office tower that forms part of a retail shopping centre" Legislation Cited: Retail Leases Act 1994 (NSW) Cases Cited: Bateman Television Ltd v Coleridge Services Pty Ltd [1969] NZLR 794 Honings Bakery Pty Ltd v Cerialis Pty Ltd [2014] NSW CATCD 87 Moweno Pty Ltd v Stratis Promotions Pty Ltd [2003] NSWCA 376 Robertson Shanahan v Servcorp MLC [2005] NSWCTTT 595 Valuer General v Fivex Pty Ltd [2015] NSWCA 53 Texts Cited: Macquarie Dictionary, (5th ed) Category: Principal judgment Parties: Diamond Certification Laboratories Pty Ltd (Applicant) The Trust Company Ltd (Respondent) Representation: Mr D Novick self-represented (Applicant) Counsel: Mr C Ireland (Respondent) Solicitors:Lander & Rogers (Respondent) File Number(s): COM 15/35789 Publication restriction: NIL