George’s Spice Pty Ltd v Southern Highland Rentals Pty Ltd [2016] NSWCATAP 220

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: George's Spice Pty Ltd v Southern Highland Rentals Pty Ltd [2016] NSWCATAP 220 Hearing dates: 15 April 2016 Date of orders: 04 October 2016 Decision date: 04 October 2016 Jurisdiction: Appeal Panel Before: L P Robberds QC, Senior Member J Harris SC, Senior Member Decision: Leave to amend the notice of appeal by adding ground 4A is refused. Leave to appeal on ground 5 is refused. The appeal is dismissed. Catchwords: Landlord and tenant of restaurant – landlord in breach of lease – breach rectified by landlord – tenant closes restaurant and stops paying rent – tenant not entitled to do so – tenant claims compensation for breaches. Legislation Cited: Civil and Administrative Tribunal Act 2013 Retail Leases Act 1994 Cases Cited: Giretti v Commissioner of Taxation (1996) 70 FCR 151 Murphy v Overton Investments Pty Ltd [2004] HCA 3 (2004) 216 CLR 388 Stead v State Government Insurance Commission [1986] HCA 54 (1986) 161 CLR 141 Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2009] NSWCA 178 Category: Principal judgment Parties: George's Spice Pty Ltd (Appellant) Southern Highland Rentals Pty Ltd (Respondent) Representation: Counsel: J P Knackstredt (Appellant)

Solicitors: Mooney & Kennedy (Appellant) Mr Arvo Pikkat (Director) (Respondent) File Number(s): AP 16/05955 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 06 January 2016 Before: K Rickards, General Member File Number(s): COM 15/51500; COM 15/51517