Diamondlite Pty Ltd v Swiss Concept Australia Pty Ltd [2022] NSWCATAP 82

Diamondlite Pty Ltd v Swiss Concept Australia Pty Ltd [2022] NSWCATAP 82

The Tribunal did not err in dismissing the set aside application because the tenant failed to provide requisite evidence as an impacted lessee under the Regulation, the landlord properly complied with obligations, and there was adequate proof the breach notice was served and received; no error of law or procedural unfairness was established, and grounds for leave to appeal were not satisfied.

Parties
Appellant: Diamondlite Pty Ltd; Respondent: Swiss Concept Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
28 March 2022
Procedural Posture
Internal Appeal From Consumer and Commercial Division Decision / Appeal Panel Judgment
Outcome
Appeal dismissed; leave to appeal refused.
Legal Topics
Retail Leases, COVID 19 Lease Regulations, Rent Renegotiation, Set Aside Application, Procedural Fairness
Property Law Commercial Law Retail Leases COVID 19 Lease Regulations Rent Renegotiation Set Aside Application Procedural Fairness

Case Brief

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Parties

Diamondlite Pty Ltd

Appellant

Swiss Concept Australia Pty Ltd

Respondent

Procedural Posture

Internal Appeal From Consumer and Commercial Division Decision / Appeal Panel Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in dismissing the appellant's application to set aside earlier orders made in its absence
  2. 2 Proper application and interpretation of Retail and Other Commercial Leases (COVID-19) Regulation (No 3) 2020 and National Cabinet Mandatory Code of Conduct
  3. 3 Validity and service of the Breach Notice and Notice of Termination

Ratio Decidendi

The Tribunal did not err in dismissing the set aside application because the tenant failed to provide requisite evidence as an impacted lessee under the Regulation, the landlord properly complied with obligations, and there was adequate proof the breach notice was served and received; no error of law or procedural unfairness was established, and grounds for leave to appeal were not satisfied.

Court Disposition

Appeal dismissed; leave to appeal refused.

Orders

  • The appeal is dismissed.
  • Leave to appeal is refused.