Caperleris v Anastasopoulos [2018] NSWCATAP 229

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Caperleris v Anastasopoulos [2018] NSWCATAP 229 Hearing dates: 28 August 2018 Date of orders: 28 September 2018 Decision date: 28 September 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Perrignon, Senior Member Decision: 1. The time to file the Notice of Appeal is extended to 24 May 2018.

2. Leave to appeal is refused and the appeal is dismissed.

3. The appellant is to pay the respondent's cost of the appeal, such costs to be as agreed or assessed on an ordinary basis. Catchwords: RETAIL LEASES – Leave to appeal – adequacy of reasons – assessment of evidence – preference of witnesses – construction of lease – breach of conditions and intermediate terms entitling termination – damages arising from breach of covenant to maintain Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Australia in Minister for Immigration and Multicultural Affairs v Khadgi and Anr [2010] FCFCA 145 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe (1986) 162 CLR 1 [1986] HCA 33 D & D Ventures Pty Ltd v Evans [2004] ADT 130 Jackson v New South Wales Housing Corporation [2014] NSWCATAP 22 Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited [2007] HCA 61; 233 CLR 115 Mifsud v Campbell (1991) 21 NSWLR 725 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA Small v K & R Fabrications (W'gong) Pty Ltd [2016] NSWCA 70 Texts Cited: Cheshire and Fifoot's Law of Contract – 9th Australian Ed, 2008, NC Seddon & MP Ellinghaus, Lexis-Nexis Butterworth Category: Principal judgment Parties: Mona Caperleris now known as Mona Gabrael (Appellant) Maria Anastasopoulos (First Respondent) Harry Anastasopoulos (Second Respondent) Anastasios Anastasopoulos (Third respondent) Representation: Counsel J Bennett (Appellant) P Rodionoff (Respondents)