Centralcon Pty Limited v Toga Pty Limited [2019] NSWCATCD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Centralcon Pty Limited v Toga Pty Limited [2019] NSWCATCD 50 Hearing dates: 22 January 2019 Date of orders: 11 June 2019 Decision date: 11 June 2019 Jurisdiction: Consumer and Commercial Division Before: D Bluth, Senior Member Decision: 1. Application is dismissed

2. The Certificate dated 16 January 2017 pursuant to s16(3) of Retail Leases Act 1984 (NSW) is effective to waive the term of 5 years.

3. Centralcon Pty Limited has no right of occupation of the premises, Shop X, XXX XXX Plaza, XXX Street, Sydney.

4. The respondent is entitled to possession of the premises Shop X, XXX XXX Plaza, XXX Street, Sydney three days after the publication of these orders.

Direction for Costs

4. The respondent is to provide to the Tribunal and the applicant, either in person or by post, submissions and documents in relation to the application for costs within 28 days of publication of this judgment;

5. The applicant is to provide to the Tribunal and the respondent, either in person or by post, submissions and documents in relation to costs 28 days after receipt of the submissions from the respondent;

6. The Tribunal intends to hear the costs application on the papers and dispense with a hearing under s50(2) of the Civil and Administrative Tribunal Act, 2013 (NSW) and the matter is to be heard on the papers. If either party seeks to be heard in person, they should advise the Registry prior to 14 days after publication of this judgment setting out their reasons why and the Registry will advise of the outcome in due course. Catchwords: Certificate pursuant to s16(3), Orders pursuant to s72(1) of the Retail Leases Act 1984 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: FCT v Comber (1986) 10 FCR 88 Heard McEwan Pty Ltd v G Zanetti Pty Ltd [2017] NSWCATAP213 Inness v Waterson [2006] QCA 155 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Sargent v ASL Developments (1974) 131 CLR 634 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 203 Castlereagh St Pty Ltd v Skybloo Holdings Pty Ltd [2016] NSWCATAP 172 Texts Cited: Pearce and Geddes, Statutory Interpretation in Australia, 7th Ed Category: Principal judgment Parties: Centracon Pty Limited (applicant) Toga Pty Limited ((respondent) Representation: Retail Leases Doctor (applicant) Minter Ellison (respondent Haney Soltan, Lay Advocate (applicant) Clifford Ireland, Counsel (respondent) File Number(s): COM 15/55691 Publication restriction: Nil