Tziallas v Barnsley [2021] NSWCATAP 33

Tziallas v Barnsley [2021] NSWCATAP 33

The evidence did not establish that the appellant had exercised the option to renew; communications and conduct did not demonstrate unequivocal exercise of the option; the Tribunal's findings and rejection of the appellant's assertions were justified; further, there was no unconscionable conduct by the respondents.

Source-derived case information.

Parties
Appellant: Anastasis Tom Tziallas; First Respondent: Garry James Barnsley; Second Respondent: Nerida Gwynne Barnsley
Jurisdiction
Australia
Judgment Date
17 February 2021
Procedural Posture
Appeal / Disposition of Appeal and Orders
Outcome
Appeal dismissed; leave to appeal refused; time for filing extended by one day; no order as to costs unless submissions are made within 21 days.
Legal Topics
Retail Leases Act 1994 (nsw), Exercise of Options, Unconscionable Conduct, Misleading Conduct
Leases and Tenancies Retail Leases Act 1994 (nsw) Exercise of Options Unconscionable Conduct Misleading Conduct

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Parties

Anastasis Tom Tziallas

Appellant

Garry James Barnsley

First Respondent

Nerida Gwynne Barnsley

Second Respondent

Procedural Posture

Appeal / Disposition of Appeal and Orders

Legal Issues

  1. 1 Whether the Tribunal erred in failing to find that the appellant exercised an option to renew the lease
  2. 2 Whether there was unconscionable conduct on the part of the respondents
  3. 3 Whether the respondents' conduct misled the appellant

Ratio Decidendi

The evidence did not establish that the appellant had exercised the option to renew; communications and conduct did not demonstrate unequivocal exercise of the option; the Tribunal's findings and rejection of the appellant's assertions were justified; further, there was no unconscionable conduct by the respondents.

Court Disposition

Appeal dismissed; leave to appeal refused; time for filing extended by one day; no order as to costs unless submissions are made within 21 days.

Orders

  • The time for filing the appeal be extended to 10 November 2020
  • Leave to appeal is refused