Gan v Shop 3, 228-230 Hanvaylee Parade Kensington Pty Ltd [2016] NSWCATAP 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gan v Shop 3, 228-230 Hanvaylee Parade Kensington Pty Ltd [2016] NSWCATAP 210 Hearing dates: 4 July 2016, further written submissions on 11 and 18 July 2016 Date of orders: 13 September 2016 Decision date: 13 September 2016 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member J McAteer, Senior Member Decision: The appeal is dismissed. Catchwords: Appeal – retail lease – termination by re-entry – default in payment of increased rent under rent review determination – whether demand for rent required – validity of notices given – new points on appeal of alleged conversion of tenant's property and unconscionable conduct not allowed - no error of law. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Conveyancing Act 1919 Retail Leases Act 1994 (NSW) Cases Cited: Coulton v Holcombe (1986) 162 CLR 1 Hudson v Arp 1 (NSW) Pty Ltd [2014] NSWCATAP 31 Leads Plus Pty Ltd v Kowho Intercontinental Pty Ltd [2000] NSWSC 459 Sarker v World Best Holding Ltd [2004] NSWADT 14 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 Wincant v SA (1997) 69 SASR 126 Texts Cited: Butt, Land Law, 6th ed W D Duncan, Commercial Leases in Australia, 7th ed Category: Principal judgment Parties: Sing Kian Gan (Appellant) Shop 3, 228-230 Hanvaylee Parade Kensington Pty Ltd (Respondent) Representation: Solicitors: Sing Kian Gan (Appellant in person) Herro Solicitors (Respondent) File Number(s): AP 16/22149 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2016] NSWCATCD Date of Decision: 20 April 2016 Before: D Patten, Principal Member File Number(s): COM 15/44320, COM 15/52045