Oh v Cafe Great Pty Ltd [2018] NSWCATAP 291

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Oh v Cafe Great Pty Ltd [2018] NSWCATAP 291 Hearing dates: 2 November 2018 Date of orders: 30 November 2018 Decision date: 30 November 2018 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President J McAteer, Senior Member Decision: (1) The appeal is upheld in part. (2) The decision of the Tribunal made on 27 July 2018 is set aside. (3) The Tribunal is to reconsider the issues set out at paragraph [21] of these reasons. Note: Depending on the parties' submissions, the Tribunal may determine those issues 'on the papers' or by having a hearing with or without further evidence. Catchwords: APPEAL – retail leases – question of law – whether the Tribunal at first instance made findings on critical questions of fact – whether the Tribunal gave adequate reasons for its findings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 60, s 62, s 80(2) Civil and Administrative Tribunal Rules 2014 (NSW), r 38 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Kyung Sook Oh (First Appellant) Ju Sik Oh (Second Appellant) Cafe Great Pty Ltd (Respondent) Representation: Solicitors H & H Lawyers (First and Second Appellant) Yeon Kyoung, (Secretary, Cafe Great Pty Ltd) (Respondent) File Number(s): AP 18/37225 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 27 July 2018 Before: D Bluth, Senior Member File Number(s): COM 15/55691