Café Great Pty Ltd v Oh [2019] NSWCATAP 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Café Great Pty Ltd v Oh [2019] NSWCATAP 203 Hearing dates: 30 July 2019 Date of orders: 09 August 2019 Decision date: 09 August 2019 Jurisdiction: Appeal Panel Before: G K Burton SC, Senior Member J S Currie, Senior Member Decision: (1) Leave to appeal out of time is refused and extension of time to lodge notice of appeal is not granted, except to the extent required to make the correction in (3). (2) Note that, if leave to appeal out of time had been granted, appeal would have been dismissed apart from the correction in (3). (3) Correct the primary order made on 1 April 2019 by: (a) substituting "2018" for "2108" in the order; (b) changing "$11,817.79" to "12,747.19"; (c) adding "on 2 April 2019" after "pay"; (d) adding "the unpaid balance from time to time of" before "this amount", so that the primary order as corrected reads "Order that the respondents pay on 2 April 2019 to the applicant the amount of $12,747.19 together with interest on the unpaid balance from time to time of this amount at the rate of 12% per annum calculated from 1 December 2018 until paid in full". (4) Order that each party is to pay its or their own costs of the appeal. Catchwords: Retail lease – extension of time to appeal – no error of law – no demonstrated basis for leave to appeal on alleged error of fact Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Act (NSW) Retail Leases Act 1994 (NSW) Cases Cited: AAI Ltd t/as GIO v McGiffen (2016) 77 MVR 348, [2016] NSWCA 229 at [81] Allianz Australia Insurance Ltd v Cervantes (2012) 61 MVR 443, [2012] NSWCA 244 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163 Eadie v Harvey [2017] NSWCATAP 201 House v The King (1936) 55 CLR 499 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Jegatheeswaran v Minister for Immigration & Multicultural Affairs (2001) 194 ALR 263, [2001] FCA 865 Lee v Commissioner of Police, NSW Police Force [2017] NSWSC 1849 Legal Profession Complaints Committee v Rayney [2017] WASCA 78 Mifsud v Campbell (1991) 21 NSWLR 725 at 728 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Owen v Kim [2017] NSWCATAP 26 Owners SP 63341 v Malachite Holdings PL [2018] NSWCATAP 256 Pholi v Wearne [2014] NSWCATAP 78 Pilbara Infrastructure Pty Ltd v Economic Regulation Authority [2014] WASC 346 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rodger v De Gelder (2015) 71 MVR 514, [2015] NSWCA 211 at [86] Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Wehi v Minister for Immigration and Border Protection [2018] FCA 1176 Texts Cited: None cited Category: Principal judgment Parties: Café Great PL (Appellant) Kyung Sook Oh and Jusik Oh (Respondents) Representation: Counsel: Yeon Kyoung (secretary of Appellant) D Ueda, Solicitor (Respondents)