D’Annunzio v North Sydney Council [2020] NSWCATAP 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: D'Annunzio v North Sydney Council [2020] NSWCATAP 66 Hearing dates: 26 March 2020 Date of orders: 22 April 2020 Decision date: 22 April 2020 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member Dr J Lucy, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL – Retail leases – Claim of misleading or deceptive conduct - Whether Tribunal erred in its construction of the word "road" in the lessor's disclosure statement – Whether the Tribunal's findings were against the weight of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: BHP Billiton Ltd v Dunning [2013] NSWCA 421 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Collins v Urban [2014] NSWCATAP 17 Jones v Dunkel (1959) 101 CLR 298 Miller and Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd (2010) 241 CLR 357 Stevens v Kabushiki Kaisha Sony Computer Entertainment (2005) 224 CLR 193 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Carlo D'Annunzio (Appellant) North Sydney Council (Respondent) Representation: Counsel: D Eardley (Appellant)

Solicitors: Praxis Lawyers (Appellant) Hunt & Hunt Lawyers (Respondent) File Number(s): AP 20/01855 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 16 December 2019 Before: G Ulman, Senior Member File Number(s): COM 18/41110