Green Apple Global Pty Ltd v La Brasserie Investments Pty Ltd [2018] NSWCATAP 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Green Apple Global Pty Ltd v La Brasserie Investments Pty Ltd [2018] NSWCATAP 90 Hearing dates: 7 March 2018 Date of orders: 19 April 2018 Decision date: 19 April 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Perrignon Senior Member Decision: 1 To the extent necessary, leave is granted to appeal the decision to award the respondent $66,696.60.

2 The order made by the Tribunal on 19 October 2017 in application COM16/54697 is varied to read as follows:

The respondent, Green Apple Global Pty Ltd is to pay the applicant, La Brasserie Investments Pty Ltd, the sum of $73,445.76.

3 The proceedings are remitted to re-determine the respondent's claim for damages arising from the alleged breach of the covenant to repair and any defence by way of equitable set-off as might properly be raised by the appellant, such proceedings to be determined in accordance with law. Catchwords: RETAIL LEASE- Damages for breach of obligation to repair- extent of obligation of tenant- state of premises at commencement of lease- no relevant findings.

EQUITABLE SET-OFF- Ability to set-off claim for damages for misleading and deceptive conduct and unconscionable conduct Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Competition and Consumer Act, 2010 (Cth) , Sch 2 Australian Consumer Law Retail Leases Act, 1994 (NSW) Trade Practices Act, 1974 (Cth) Cases Cited: Al Daouk v Mr Pine Furniture Pty Ltd t/as Furnco AWA Ltd v Exicom Australia Pty Ltd (1990) 19 NSWLR 705 Bankstown [2015] NSWCATAP 111 Bitannia Pty Ltd v Parkline Constructions Pty Ltd (2006) 67 NSWLR 9 Carlton and United Breweries Ltd v Castlemaine Tooheys Ltd (1986) 161 CLR 543 Collins v Urban [2014] NSWCATAP 17 D Galambos & Son Pty Ltd v McIntyre (1974) 5 ACTR 10 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Provident Society v Specialist Funding Consultants Pty Ltd (1991) 24 NSWLR 32 Rawson v Samuel (1841) CR & Ph 161; 41 ER 451 Texts Cited: Meagher, Gummow & Lehane's Equity – Doctrines & Remedies, 5th Edition Category: Principal judgment Parties: Green Apple Global Pty Ltd (Appellant) La Brasserie Investments Pty Ltd (Respondent) Representation: J Xu (Director) (Appellant) M Wells (Counsel) (Respondent)