D’Annunzio v North Sydney Council [2020] NSWCATAP 66

D’Annunzio v North Sydney Council [2020] NSWCATAP 66

Leave to appeal was refused and the appeal dismissed because the grounds did not establish an error of law or any substantial miscarriage of justice. The Tribunal's finding that the pedestrian walkway was not a "road" was open and correct on the evidence, and the development application did not indicate that works would affect the walkway or that the Council knew or ought to have known of such an impact. There was no proper basis for finding misleading or deceptive non-disclosure or for drawing a Jones v Dunkel inference.

Jurisdiction
Australia
Judgment Date
22 April 2020
Procedural Posture
Appeal Concerning Retail Shop Lease Claims for Misleading or Deceptive Conduct and Disclosure Obligations / Appeal Panel Application for Leave to Appeal and Appeal From the Consumer and Commercial Division
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['lessor Disclosure Statement' 'misleading or Deceptive Conduct' 'construction of the Word "road"' 'leave to Appeal' 'weight of Evidence' 'jones V Dunkel Inference']
['retail Leases' 'consumer and Commercial Law' 'administrative Tribunal Appeals'] ['lessor Disclosure Statement' 'misleading or Deceptive Conduct' 'construction of the Word "road"' 'leave to Appeal' 'weight of Evidence' 'jones V Dunkel Inference']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Concerning Retail Shop Lease Claims for Misleading or Deceptive Conduct and Disclosure Obligations / Appeal Panel Application for Leave to Appeal and Appeal From the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding that the word "road" in the lessor\'s disclosure statement did not apply to the adjacent pedestrian walkway.' 'Whether the Tribunal erred in finding that North Sydney Council did not have a duty to disclose building works in the neighbouring building and did not engage in misleading or deceptive conduct.' 'Whether leave to appeal should be granted on grounds not raising a question of law.']

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed because the grounds did not establish an error of law or any substantial miscarriage of justice. The Tribunal's finding that the pedestrian walkway was not a "road" was open and correct on the evidence, and the development application did not indicate that works would affect the walkway or that the Council knew or ought to have known of such an impact. There was no proper basis for finding misleading or deceptive non-disclosure or for drawing a Jones v Dunkel inference.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.']