Singh T/as Deevans Groceries and Indian Takeaway v NS Admin Pty Ltd [2018] NSWCATCD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Singh T/as Deevans Groceries and Indian Takeaway v NS Admin Pty Ltd [2018] NSWCATCD 46 Hearing dates: 13 June 2018 Date of orders: 24 August 2018 Decision date: 24 August 2018 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein, Senior Member Decision: (1) The lease between the parties to these proceedings is terminated as at 26 August 2018.

(2) NS Admin Pty Ltd must pay Uttam Singh & Suman Lata Singh the sum of $62,630.26 immediately.

(3) The parties have leave to bring an application for costs.

(4) Any costs application must be lodged in the Tribunal and served on the costs respondent within 14 days of the date of this order either attaching or referring to the documents relied upon in support of the application.

(5) The costs respondent will have 14 days after the date it receives the application to lodge in the Tribunal and serve on the costs applicant its submissions, if any, in response to the cost applicant's costs application, such submissions either attaching or referring to the documents relied upon.

(6) The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing

(7) Subject to the parties' submissions, the Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: Breach of quiet enjoyment, unconscionable conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 Retail Leases Act 1994 Cases Cited: Advance Fitness v Bondi Diggers [1999] NSWSC 264 Alexander and Others v Cambridge Credit Corporation Ltd (1987) 9 NSWLR 310 Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54 Martins Camera Corner Pty Ltd v Hotel Mayfair Ltd [1976] 2 NSWLR 15 Worrall v Commissioner for Housing of ACT [2002] FCAFC 127 NRM Corporation Pty Ltd v Australian Competition and Consumer Commission [2016] FCAFC 98 PT Ltd v Spuds Surf Chatswood Pty Ltd [2013] NSWCA 446 Category: Principal judgment Parties: Uttam Singh & Suman Lata Singh – applicants NS Admin Pty Ltd - respondent Representation: Counsel: Mr S Philips for the respondent