Busic v Tokoragi [2019] NSWCATAP 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Busic v Tokoragi [2019] NSWCATAP 36 Hearing dates: 26 November 2018 Date of orders: 06 February 2019 Decision date: 06 February 2019 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President S Frost, Senior Member Decision: (1) The appeal is allowed. (2) The Tribunal's decision dismissing the application is set aside. (3) Within 28 days of the date of these reasons, the parties are to confer and, if agreement is reached on the amount the First Respondent owes the Appellants, the parties are to lodge consent orders with the Tribunal. (4) If the parties do not lodge consent orders within 28 days, the issue of the amount owing is remitted to the Tribunal as originally constituted to make orders. (5) A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW). (6) The First Respondent is to pay the Appellants' costs of this appeal as agreed or assessed. Catchwords: CONTRACTS – guarantee – where corporate lessee went into liquidation owing rent - where a director of the corporation was named as a guarantor in the lease and signed the lease in her capacity as a director – whether signing the lease in that capacity meant that she was a guarantor – meaning of guarantee clauses in standard lease Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36(1), s 50(1)(c), s 80, s 81 Civil and Administrative Tribunal Rules 2014, cll 38, 38A Retail Leases Act 1994 (NSW), s 72 Cases Cited: Brambles Holdings Limited v Bathurst City Council [2001] NSWCA 61 Meriton Properties Pty Ltd v DCM Leases-Five Pty Ltd [2009] NSWADT 121 Plant v Meriton Properties Pty Ltd (RLD) [2009] NSWADTAP 62 Zhang v BM Sydney Building Materials Pty Ltd [2016] NSWCA 166 Category: Principal judgment Parties: Frank Busic (First Appellant) Ena Busic (Second Appellant) Ivan Milicevic (Third Appellant) Veselka Milicevic (Fourth Appellant)