Centuria Property Services Pty Ltd v Daniel Lee and Blooms the Chemist [2015] NSWCATCD 66

Centuria Property Services Pty Ltd v Daniel Lee and Blooms the Chemist [2015] NSWCATCD 66

The Tribunal found that Mr Dupre's appointment complied with statutory requirements as the appointment was from the list maintained under s 72AB and the failure to complete an SRV course was not a legally required criterion. Further, the alleged errors in the Joint Report did not amount to manifest error as required...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 July 2015
Procedural Posture
Application Under Statutory Review Provisions (retail Leases Act) / Decision on Application to Set Aside Joint Valuers' Report
Outcome
Application dismissed
Legal Topics
['retail Leases' 'specialist Retail Valuers' 'current Market Rent Determination' 'tribunal Procedure']
['property Law' 'commercial Law'] ['retail Leases' 'specialist Retail Valuers' 'current Market Rent Determination' 'tribunal Procedure']

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Procedural Posture

Application Under Statutory Review Provisions (retail Leases Act) / Decision on Application to Set Aside Joint Valuers' Report

Legal Issues

  1. 1 ['Whether appointment of Mr Dupre as specialist retail valuer was invalid under s 72AB of Retail Leases Act 1994' 'Whether there was a manifest error in the Joint Report by the valuers warranting setting aside under s 32A(12)']

Ratio Decidendi

The Tribunal found that Mr Dupre's appointment complied with statutory requirements as the appointment was from the list maintained under s 72AB and the failure to complete an SRV course was not a legally required criterion. Further, the alleged errors in the Joint Report did not amount to manifest error as required by s 32A(12), as all relevant matters were considered and no fundamental factual error was shown.

Court Disposition

Application dismissed

Orders

  • ['The application for the Joint Report to be set aside under s 32A(12) of the Act is dismissed.']