Robinson v Mistlake Investments Pty Ltd [2019] NSWCATAP 283

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robinson v Mistlake Investments Pty Ltd [2019] NSWCATAP 283 Hearing dates: 18 November 2019 Date of orders: 28 November 2019 Decision date: 28 November 2019 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Goldstein, Senior Member Decision: 1. The appeal is dismissed. Catchwords: LEASES AND TENENACIES – retail lease – make good provision – assessment of damages – no point of principle Legislation Cited: Nil Cases Cited: Nil Category: Principal judgment Parties: Matthew Robinson (Appellant) Mistlake Investments Pty Ltd (First Respondent) Malachite Holdings Pty Ltd (Second Respondent) Representation: Solicitors: Appellant (Self Represented) CCC Law (First and Second Respondents) File Number(s): AP 19/40402 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 09 August 2019 Before: S Thode, Senior Member File Number(s): COM 19/20663

REASONS FOR DECISION 1. This is an appeal without merit.

Background 1. The appellant was the tenant of the respondents in relation to commercial premises at Gosford. 2. The lease contained various provisions obliging the appellant to make good the premises at the conclusion of the tenancy. 3. The tenancy concluded. 4. The respondents commenced proceedings in the Tribunal claiming that the appellant had not returned the premises to the respondents in the condition they were required to be in pursuant to certain terms of the lease, and claimed damages from the appellant for the cost of repairs to return the premises to that condition. 5. The respondents were successful in the Tribunal. 6. The Tribunal assessed damages to be in the sum of $5,910 and ordered that that sum be deducted from the bond, with the balance of the bond to be returned to the appellant. 7. The appellant appealed.