203 Castlereagh Street Pty Ltd v Payce Properties Pty Ltd [2015] NSWCATCD 89

203 Castlereagh Street Pty Ltd v Payce Properties Pty Ltd [2015] NSWCATCD 89

The liability for the alleged overpayments arose at the time of payment, which is outside the three-year limitation period; nevertheless, no significant prejudice would result from allowing the claim to proceed, as fair trial is achievable and records are available, therefore it is just and reasonable to grant leave to file out of time under s 71B of the Retail Leases Act 1994.

Jurisdiction
Australia
Judgment Date
06 August 2015
Procedural Posture
Application for Original Decision (leave to Extend Time) / Decision on Application for Leave to Lodge Out of Time
Outcome
Leave to lodge Application for Original Decision granted; no order for costs; matter stayed until outcome of related Appeal AP14/0351.
Legal Topics
['extension of Time' 'limitation Periods' 'leave to File' 'retail Leases Act' 'land Tax Claims' 'overpaid Rent']
['retail Leasing' 'tribunal Procedure'] ['extension of Time' 'limitation Periods' 'leave to File' 'retail Leases Act' 'land Tax Claims' 'overpaid Rent']

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Procedural Posture

Application for Original Decision (leave to Extend Time) / Decision on Application for Leave to Lodge Out of Time

Legal Issues

  1. 1 ["Whether the applicant's claim for overpaid rent and land tax was brought within the limitation period under s 71(2) of the Retail Leases Act 1994" "If not, whether it is 'just and reasonable' under s 71B(3) of the Act to grant leave to lodge the claim out of time"]

Ratio Decidendi

The liability for the alleged overpayments arose at the time of payment, which is outside the three-year limitation period; nevertheless, no significant prejudice would result from allowing the claim to proceed, as fair trial is achievable and records are available, therefore it is just and reasonable to grant leave to file out of time under s 71B of the Retail Leases Act 1994.

Court Disposition

Leave to lodge Application for Original Decision granted; no order for costs; matter stayed until outcome of related Appeal AP14/0351.

Orders

  • ['The Tribunal grants leave for the Application for Original Decision to be lodged with the Tribunal.' "Liberty to restore the Application for directions on seven days' notice by either party once the Appeal in AP14/0351 is determined." 'No order for costs.']