Davies v Lyndhurst Developments Pty Ltd [2000] NSWADT 196

Davies v Lyndhurst Developments Pty Ltd [2000] NSWADT 196

Section 71(2) barred the Tribunal from hearing claims where the relevant liability or obligation arose more than three years before lodgment, but did not bar claims for amounts the applicant could establish arose or were paid after the three-year period had expired. On that basis, the Tribunal had no jurisdiction over the earlier claims but retained jurisdiction over later amounts, including any properly established claims under sections 10 and 28 and clause 8.7 of the sub-lease after that period.

Jurisdiction
Australia
Judgment Date
06 April 2000
Procedural Posture
Application Under the Retail Leases Act 1994 / Preliminary Matter on Jurisdiction
Outcome
The respondent's jurisdiction objection was upheld in part; the Tribunal found it had no jurisdiction over claims prior to expiry of the three-year period but had jurisdiction over amounts the applicant could establish after that period. Costs were reserved.
Legal Topics
['tribunal Jurisdiction' 'limitation Period for Retail Tenancy Claims' 'outgoings Under Retail Shop Lease' 'disclosure Statement' 'pre Lease Misrepresentation']
['retail Leases' 'civil Procedure'] ['tribunal Jurisdiction' 'limitation Period for Retail Tenancy Claims' 'outgoings Under Retail Shop Lease' 'disclosure Statement' 'pre Lease Misrepresentation']

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Procedural Posture

Application Under the Retail Leases Act 1994 / Preliminary Matter on Jurisdiction

Legal Issues

  1. 1 ['Whether section 71(2) of the Retail Leases Act 1994 deprived the Tribunal of jurisdiction over claims lodged more than three years after the relevant liability or obligation arose.' "When the applicant's claims for repayment or adjustment of outgoings arose for the purposes of section 71(2) of the Retail Leases Act 1994." 'Whether the Tribunal could determine claims based on alleged pre-lease misrepresentation, non-disclosure of outgoings liabilities, and failure to provide audited outgoings statements after the three-year period.']

Ratio Decidendi

Section 71(2) barred the Tribunal from hearing claims where the relevant liability or obligation arose more than three years before lodgment, but did not bar claims for amounts the applicant could establish arose or were paid after the three-year period had expired. On that basis, the Tribunal had no jurisdiction over the earlier claims but retained jurisdiction over later amounts, including any properly established claims under sections 10 and 28 and clause 8.7 of the sub-lease after that period.

Court Disposition

The respondent's jurisdiction objection was upheld in part; the Tribunal found it had no jurisdiction over claims prior to expiry of the three-year period but had jurisdiction over amounts the applicant could establish after that period. Costs were reserved.

Orders

  • ['The Tribunal has no jurisdiction in respect to the claims prior to the three year period having expired, but does have jurisdiction in respect of any amount which the applicant is able to establish after that three year period has expired.' 'Costs reserved.']