73 Union St Retail Pty Ltd v J & S Group Pty Ltd (RLD) [2013] NSWADTAP 32

73 Union St Retail Pty Ltd v J & S Group Pty Ltd (RLD) [2013] NSWADTAP 32

There was no consensus between the parties that 73 Union Street would occupy the premises 'as lessee'; the Call Option Agreement required leasing to a 'related entity', not to 73 Union Street. The occupation was as manager of the business, not under a lease. No lease arose under section 8 Retail Leases Act. No bias or procedural unfairness was established. Appeal dismissed.

Parties
Appellant: 73 Union St Retail Pty Ltd; First Respondent: J & S Group Pty Ltd; Second Respondent: Union City Convenience Pty Ltd; Third Respondent: Jamal Gebara
Jurisdiction
Australia
Judgment Date
19 July 2013
Procedural Posture
Appeal / Appeal Panel Hearing, Decision
Outcome
Appeal dismissed
Legal Topics
Retail Leases, Statutory Interpretation, Jurisdictional Challenge, Procedural Fairness, Bias in Tribunal Proceedings
Property Law Commercial Law Administrative Law Retail Leases Statutory Interpretation Jurisdictional Challenge Procedural Fairness Bias in Tribunal Proceedings

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Parties

73 Union St Retail Pty Ltd

Appellant

J & S Group Pty Ltd

First Respondent

Union City Convenience Pty Ltd

Second Respondent

Jamal Gebara

Third Respondent

Procedural Posture

Appeal / Appeal Panel Hearing, Decision

Legal Issues

  1. 1 Whether a retail lease was entered into between 73 Union St Retail Pty Ltd and J & S Group Pty Ltd under the Retail Leases Act 1994
  2. 2 Whether the Tribunal's decision involved bias or denial of procedural fairness
  3. 3 Interpretation of the Call Option Agreement and application of s 8 Retail Leases Act (statutory lease)

Ratio Decidendi

There was no consensus between the parties that 73 Union Street would occupy the premises 'as lessee'; the Call Option Agreement required leasing to a 'related entity', not to 73 Union Street. The occupation was as manager of the business, not under a lease. No lease arose under section 8 Retail Leases Act. No bias or procedural unfairness was established. Appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal against Order 1 of the Tribunal made on 14 November 2012 is dismissed.
  • Directions for filing submissions regarding costs by the Respondents and Appellant within set periods.