Tringas v Quach (RLD) [2007] NSWADTAP 35

Tringas v Quach (RLD) [2007] NSWADTAP 35

The Initial Valuation was the relevant determination for s. 32A of the Retail Leases Act 1994, and the Applicant's application for appointment of two specialist retail valuers was filed outside the 21-day limit in s. 32A(2). That time limit could not be extended under s. 44 of the Administrative Decisions Tribunal Act 1997, so the Tribunal was correct to dismiss the application and the appeal had to be dismissed.

Jurisdiction
Australia
Judgment Date
13 July 2007
Procedural Posture
Internal Appeal in the Appeal Panel Concerning a Retail Leases Division Decision About Review of a Specialist Retail Valuer's Current Market Rent Determination / Appeal From Tringas V Quach [2007] NSWADT 24
Outcome
The appeal is dismissed.
Legal Topics
['retail Leases Act 1994' 'specialist Retail Valuers' 'current Market Rent Determination' 'extension of Time' 'internal Appeal']
['retail Leases' 'administrative Law' 'statutory Interpretation'] ['retail Leases Act 1994' 'specialist Retail Valuers' 'current Market Rent Determination' 'extension of Time' 'internal Appeal']

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Procedural Posture

Internal Appeal in the Appeal Panel Concerning a Retail Leases Division Decision About Review of a Specialist Retail Valuer's Current Market Rent Determination / Appeal From Tringas V Quach [2007] NSWADT 24

Legal Issues

  1. 1 ["Whether the Initial Valuation or the Amended Valuation was the specialist retail valuer's determination for the purposes of s. 32A of the Retail Leases Act 1994." 'Whether the 21-day time limit in s. 32A(2) of the Retail Leases Act 1994 could be extended under s. 44 of the Administrative Decisions Tribunal Act 1997.' 'If s. 44 applied, whether the Applicant provided a reasonable explanation for the delay in filing the application for review.']

Ratio Decidendi

The Initial Valuation was the relevant determination for s. 32A of the Retail Leases Act 1994, and the Applicant's application for appointment of two specialist retail valuers was filed outside the 21-day limit in s. 32A(2). That time limit could not be extended under s. 44 of the Administrative Decisions Tribunal Act 1997, so the Tribunal was correct to dismiss the application and the appeal had to be dismissed.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.' "Any application for costs must be filed and served, with supporting submissions, within 28 days of the date of this decision. The opposing party must file and serve submissions in reply within a further 28 days. Unless reasons are advanced for a hearing to be conducted, the matter will...