Grenade v Nikolvski [2019] NSWCATAP 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Grenade v Nikolvski [2019] NSWCATAP 57 Hearing dates: 27 September 2018 Date of orders: 15 March 2019 Decision date: 15 March 2019 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member D Robertson, Senior Member Decision: (1) Application for leave to appeal refused.

(2) Appeal dismissed.

(3) The stay granted on 13 July 2018 in regard to the orders made in proceedings file no COM 18/1574 is lifted forthwith. Catchwords: LEASES AND TENANCIES – retail and commercial tenancies legislation – retail shop lease - whether lease had a minimum term of five years or was a month to month lease – claim for compensation brought out of time - whether the appellant suffered a substantial miscarriage of justice through the dismissal of application Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Conveyancing Act 1919 (NSW) Retail Leases Act 1994 (NSW) Retail Leases Amendment (Review) Act 2017 (NSW) Cases Cited: Mamo v Surace (2014) 86 NSWLR 275; [2014] NSWCA 58 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Category: Principal judgment Parties: Judex Grenade (Appellant) Sash Nikolvski (Respondent) Representation: Appellant in person B Grant, with leave as agent for the Respondent File Number(s): AP 18/29220 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 04 June 2018 Before: D Goldstein, Senior Member File Number(s): COM 18/05689, COM 18/05700 and COM 18/15716