Polymeris v Coopers Canteen Pty Limited [2018] NSWCATAP 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Polymeris v Coopers Canteen Pty Limited [2018] NSWCATAP 6 Hearing dates: 09 June 2017 Date of orders: 05 January 2018 Decision date: 05 January 2018 Jurisdiction: Appeal Panel Before: M Craig QC ADCJ, Principal Member D Goldstein, Senior Member Decision: Appeal dismissed Catchwords: ADMINISTRATIVE LAW – hearing in the absence of a party – notice of hearing sent by ordinary post – hearing date two days after notice posted – notice not received prior to hearing – denial of procedural fairness: APPEAL = retail lease purported termination by lessor not legally effective – subsequent conduct and statements of lessor inconsistent with termination – estoppel by conduct – mutual acceptance of parties that lease terminated at time of appeal hearing – utility of appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Conveyancing Act 1919 Interpretation Act 1987 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: - Texts Cited: - Category: Principal judgment Parties: Harry Polymeris (Appellant) Coopers Canteen Pty Limited (Respondent) Representation: S Ktenas (Solicitor) (Appellant) M Southwick (Respondent) File Number(s): AP 17/00190 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: - Date of Decision: 01 December 2016 Before: D Charles, Senior Member File Number(s): COM 16/51879 and 16/51881