Jia v GJKR Pty Ltd [2017] NSWSC 629

Supreme Court New South Wales

Medium Neutral Citation: Jia v GJKR Pty Ltd [2017] NSWSC 629 Hearing dates: 12 May 2017 Date of orders: 12 May 2017 Decision date: 12 May 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The Amended Summons filed 2 March 2017 is dismissed. (2) The plaintiff is to pay the first and second defendant's costs of the proceedings. Catchwords: LOCAL COURT APPEAL – alleged agreement to vary rent payable under a lease – no written or oral judgment – magistrate did not decide issue because plaintiff conceded claim for rent untenable – no error of law in acting on concession – appeal dismissed Legislation Cited: Civil Procedure Act 2005 Conveyancing Act 1919 Local Court Act 2007 Retail Leases Act 1994 Uniform Civil Procedure Rules 2005 Cases Cited: Phillips v Ellinson Brothers Pty Limited (1941) 65 CLR 221 Category: Principal judgment Parties: Li Hong Jia (Plaintiff) GJKR Pty Ltd (First Defendant) Geoffrey Zhi-Xing Zhang (Second Defendant) Jessica Eun Nyeon Jin (Third Defendant) Representation: Counsel: CD Wood (Plaintiff) N Allan (First and Second Defendants) No Appearance (Third Defendant)

Solicitors: Brighton Lawyers (Plaintiff) Ziman and Ziman (First and Second Defendants) No Appearance (Third Defendant) File Number(s): 2016/304785 Decision under appeal Court or tribunal: Local Court of New South Wales Date of Decision: 12 October 2016 Before: Magistrate Pierce File Number(s): 2014/35514