City Convenience Stores Pty Ltd v Third Lafite Pty Ltd; Third Lafite Pty Ltd v City Convenience Stores Pty Ltd [2016] NSWCATAP 254

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: City Convenience Stores Pty Ltd v Third Lafite Pty Ltd; Third Lafite Pty Ltd v City Convenience Stores Pty Ltd [2016] NSWCATAP 254 Hearing dates: 30 May 2016 and 19 October 2016 Date of orders: 29 November 2016 Decision date: 29 November 2016 Jurisdiction: Appeal Panel Before: Marks ADCJ, Principal member S Thode, Senior Member Decision: (1) Appeal by City Convenience Stores Pty Ltd allowed in part (2) Orders made on 28 January 2016 for the payment of monies set aside (3) The parties are directed within 7 days to file minutes of short orders reflecting the agreed amount of moneys payable by CCS to the Owner pursuant to these reasons, so that the Orders may be finalised. In default the proceedings will be listed for further hearing for the purpose of determining the amount of money to be ordered to be paid, and to enable the Appeal Panel to receive an explanation why agreement was not reached. (4) Costs are reserved with liberty to apply which must be exercised within one month of this date Catchwords: License to occupy retail premises-continuing uninterrupted occupancy held to constitute retail shop lease- order for payment of arrears of occupation fees-appeals allowed in part and dismissed in part Legislation Cited: Retail Leases Act Cases Cited: Helou v Bong Bong Pty Ltd [2006] NSWADT 128 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52 Category: Principal judgment Parties: City Convenience Stores Pty Ltd (Appellant in AP 16/06134) Third Lafite Pty Ltd (Appellant in AP 16/22063) Representation: Counsel: A F Fernon (City Convenience Stores Pty Ltd) CP O'Neill (Third Lafite Pty Ltd)