Pampering Patisseries Pty Ltd v Fanos [2018] NSWCATAP 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pampering Patisseries Pty Ltd v Fanos [2018] NSWCATAP 94 Hearing dates: 29 March 2018 Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J McAteer, Senior Member Decision: (1) Leave to appeal is refused.

(2) The appeal is allowed in part and Order 2 made 28 November 2017 in application COM 17/27924 is varied to read as follows:

The lessee is to pay the lessor, immediately $6,879.32 plus interest calculated at 10% per annum from the date from which he outgoings became due. Catchwords: RETAIL LEASE - Unconscionable conduct - Fit out - time to carry out - implied term - outgoings - obligation to pay Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Environmental Planning and Assessment Regulation, 2000 (NSW) Retail Leases Act, 1994 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 B.P. Refinery (Westernport) Pty. Ltd. v. Hastings Shire Council [1977] UKPCHCA 1; 180 CLR 266; 52 ALJR 20; Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; (1981-1982) 149 CLR 337 Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Pampering Patisseries Pty Ltd (Appellant) Georgina Fanos (Respondent) Representation: A Ke, Public Officer (Appellant) J Pearson, Counsel (Respondent)