Heard McEwan Pty Ltd v G Zanetti Pty Ltd [2017] NSWCATAP 213

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Heard McEwan Pty Ltd v G Zanetti Pty Ltd [2017] NSWCATAP 213 Hearing dates: 20 September 2017 Date of orders: 13 November 2017 Decision date: 13 November 2017 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member L Wilson, Senior Member Decision: (1) In so far as is required, leave to appeal granted;

(2) Appeal allowed.

(3) The order of the Tribunal made on 29 May 2017 is set aside and in lieu thereof order that the application to the Tribunal dated 9 December 2016 be dismissed. Catchwords: RETAIL LEASES: appointment of specialist retail valuer to determine market rent; construction of Lease. Legislation Cited: Retail Leases Act (NSW) 1994 Civil and Administrative Tribunal Act (NSW) 2013 Cases Cited: Dovuro Pty Ltd v Wilkins (2000) 105 FCR 476 Sauvage v Cleardon Pty Ltd [2017] NSWCATAP 47 Westport Insurance v Gordian Runoff (2011) 244 CLR 239 at 279 Texts Cited: N/A Category: Principal judgment Parties: Heard McEwan Pty Ltd (Appellant) G Zanetti Pty Ltd (Respondent) Representation: Counsel: Ms Bridgett (Appellant) Mr Yin (Respondent)

Solicitors: Stacks Heard McEwan (Appellant) RMB Lawyers (Respondent) File Number(s): AP 17/26802 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 29 May 2017 Before: D Goldstein, Senior Member File Number(s): COM 16/53728