Singh v Fobupu Pty Ltd; Singh v Khan [2020] NSWCATAP 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Singh v Fobupu Pty Ltd; Singh v Khan [2020] NSWCATAP 11 Hearing dates: 10 May 2019, 9 September 2019 and 16 October 2019 Date of orders: 21 January 2020 Decision date: 21 January 2020 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member D Robertson, Senior Member Decision: (1) In each of the appeals AP 19/09967 and AP 19/28114 leave to appeal is refused and the appeals are dismissed. (2) In appeal AP 19/09967 the appellant is to pay the respondent's costs of the appeal, such costs to be as agreed or assessed on an ordinary basis. (3) In appeal AP 19/28114 the appellants are to pay the respondents' costs of the appeal, such costs to be as agreed or assessed on an ordinary basis. (4) The monies paid into the Tribunal by the appellants and held by the Registrar are to be paid to Fobupu Pty Ltd within 7 days after Fobupu Pty Ltd provides to the Registrar bank account details so as to facilitate an electronic funds transfer of those monies. Catchwords: LEASES AND TENANCIES – Retail Leases Act 1994 (NSW) – whether a retail tenancy existed over premises – director of tenant remaining in possession to knowledge of landlord after deregistration of tenant – oral agreement for tenancy – whether tenant entitled to withhold rent unless provided with a tax invoice – no condition in tenancy agreement permitting tenant to withhold rent – claim for damages by tenant following termination Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Conveyancing Act, 1919 (NSW) Law Reform (Miscellaneous Provisions) Act, 1965 (NSW) Residential Tenancies Act, 2010 (NSW) Residential Tenancies Regulation, 2010 (NSW) Retail Leases Act, 1994 (NSW) Retail Leases Amendment (Review) Act 2017 (NSW) Trustee Act, 1925 (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Barber v De Prima [2018] NSWSC 601 Blair v Curran [1939] HCA 23; (1939) 62 CLR 464 Collins v Urban [2014] NSWCATAP 17 Centroquanta Pty Ltd v Demasi [2016] NSWSC 1689 Darzi Group Pty Ltd v Nolde Pty Ltd [2019] NSWCA 210 House v The King [1936] 55 CLR 499 John Predergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Leotta v Public Transport Commission (NSW) (1976) 50 ALJR 666; 9 ALR 437 Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353 Mesiha v Murrell [2017] NSWCATAP 1 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Port of Melbourne Authority v Anshun [1981] HCA 45; (1981) 147 CLR 589 PT Ltd v Spuds Surf Chatswood Pty Ltd [2013] NSWCA 446 Singh v Khan [2019] NSWCA 196 Texts Cited: Nil Category: Principal judgment Parties: Gurjit Singh (Applicant) ACN 605 054 242 Pty Ltd (Second Applicant)