NS Admin Pty Ltd v Singh [2019] NSWCATAP 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NS Admin Pty Ltd v Singh [2019] NSWCATAP 69 Hearing dates: 14 February 2019 with subsequent written submissions received on 21 and 27 February 2019. Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Robertson, Senior Member Decision: (1) To the extent that leave to appeal is applied for such leave is refused. (2) The appeal is allowed in part. (3) Set aside Order 2 of the orders made by the Tribunal on 24 August 2018 and in substitution order that NS Admin Pty Ltd must pay Uttam Singh and Suman Lata Singh the sum of $60,860.26 within 7 days. (4) The appeal is otherwise dismissed. (5) Within 14 days of this decision, the respondents are to file and serve their written submissions concerning costs. (6) Within 14 days thereafter, the appellant is to file and serve its written submissions concerning costs. (7) Within 7 days thereafter, the respondents are to file and serve any written submissions in reply. Catchwords: LEASES AND TENANCIES – retail and commercial tenancies legislation - retail shop lease – water ingress – breach of covenant of quiet enjoyment – proof of loss – hearsay evidence in expert's report - leasing next door premises to a competitor – alleged unconscionable conduct by lessor–– no error of law – no appellable error of fact Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Retail Leases Act 1994 Cases Cited: Advance Fitness v Bondi Diggers [1999] NSWSC 264 Collins v Urban [2014] NSWCATAP 10 Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54; 174 CLR 64 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Lam v Ausintel Investments Australia Pty Ltd (1990) 97 ALR Martins Camera Corner Pty Ltd v Hotel Mayfair Ltd [1976] 2 NSWLR 15 Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd (2010) 241 CLR 357 NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10 Tonto Home Loans Australia Pty Ltd v Tavares [2011] NSWCA 389 Texts Cited: Nil Category: Principal judgment Parties: NS Admin Pty Ltd (Appellant) Buttam Singh & Suman Lata Singh t/as Deevan Groceries and Indian Takeway (Respondent) Representation: Counsel: JB Pearson (Appellant) F Berglund (Respondent)