City Convenience Stores Pty Ltd v Third Lafite Pty Ltd (No. 2); Third Lafite Pty Ltd v City Convenience Stores Pty Ltd (No. 2) [2017] NSWCATAP 90

City Convenience Stores Pty Ltd v Third Lafite Pty Ltd (No. 2); Third Lafite Pty Ltd v City Convenience Stores Pty Ltd (No. 2) [2017] NSWCATAP 90

Because City Convenience Stores Pty Ltd had occupied or been entitled to occupy the premises without interruption for more than one year from 3 June 2013, the Retail Leases Act applied from 4 June 2014 by section 6A(2). The resulting dispute was a retail tenancy claim, giving the Tribunal power to order payment of money for the period from 4 June 2014. The amount payable was $166248.95 after calculating rent for the relevant period and deducting the deposit. The email of 22 December 2014 was an offer to pay an appropriate settlement sum, so section 72A(5) prevented interest after 21 December 2014 because no special circumstances were established. City Convenience Stores Pty Ltd was...

Jurisdiction
Australia
Judgment Date
28 April 2017
Procedural Posture
Retail Tenancy Appeal Proceedings / Appeal Panel Decision on Quantification, Interest and Costs After Earlier Appeal Decision
Outcome
City Convenience Stores Pty Ltd was ordered to pay Third Lafite Pty Ltd the principal sum, interest to 21 December 2014, and specified costs.
Legal Topics
['application of Retail Leases Act to Short Term Leases' 'retail Tenancy Claims' 'tribunal Power to Order Payment of Money' 'interest on Money Orders' 'appropriate Settlement Sum' 'costs of Appeal Proceedings' 'statutory Construction']
['retail Leases' 'property Law' 'civil Procedure'] ['application of Retail Leases Act to Short Term Leases' 'retail Tenancy Claims' 'tribunal Power to Order Payment of Money' 'interest on Money Orders' 'appropriate Settlement Sum' 'costs of Appeal Proceedings' 'statutory Construction']

Case Brief

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Procedural Posture

Retail Tenancy Appeal Proceedings / Appeal Panel Decision on Quantification, Interest and Costs After Earlier Appeal Decision

Legal Issues

  1. 1 ["Whether section 6A(2) of the Retail Leases Act applied so that the Act applied to the parties' arrangements after more than one year of uninterrupted possession or entitlement to possession." 'Whether the Tribunal had power to order City Convenience Stores Pty Ltd to pay money to Third Lafite Pty Ltd in respect of the retail tenancy claim.' 'What amount was payable by City Convenience Stores Pty Ltd for occupation of the premises from 4 June 2014 to 4 February 2015 after allowing for the deposit paid.' 'Whether Third Lafite Pty Ltd was entitled to interest under section 72A of the Retail Leases Act, and whether an appropriate settlement sum had been offered by City Convenience Stores Pty Ltd.' 'Whether special circumstances warranted interest after the appropriate settlement sum was offered.' 'What costs orders should be made for the appeal proceedings and the further proceedings.']

Ratio Decidendi

Because City Convenience Stores Pty Ltd had occupied or been entitled to occupy the premises without interruption for more than one year from 3 June 2013, the Retail Leases Act applied from 4 June 2014 by section 6A(2). The resulting dispute was a retail tenancy claim, giving the Tribunal power to order payment of money for the period from 4 June 2014. The amount payable was $166248.95 after calculating rent for the relevant period and deducting the deposit. The email of 22 December 2014 was an offer to pay an appropriate settlement sum, so section 72A(5) prevented interest after 21 December 2014 because no special circumstances were established. City Convenience Stores Pty Ltd was...

Court Disposition

City Convenience Stores Pty Ltd was ordered to pay Third Lafite Pty Ltd the principal sum, interest to 21 December 2014, and specified costs.

Orders

  • ['CCS is to pay Third Lafite the sum of $166248.95.' 'CCS is to pay Third Lafite interest on the sum of $166248.95 calculated at the rate of 6.5% from 4 June 2014 to 21 December 2014 being 201 days, namely $5950.80.' 'CCS is to pay one half of the costs of Third Lafite of both appeal proceedings assessed in default...