Grenade v Nikolvski [2019] NSWCATAP 57

Grenade v Nikolvski [2019] NSWCATAP 57

Although the Tribunal erred in its application of s 6A(4) and failure to apply s 16 of the Retail Leases Act 1994, the error was not material to the ultimate orders, as the respondent lawfully terminated the lease for non-payment of rent under the lease terms, and the appellant's further claims were either outside time or unsupported by sufficient evidence. No substantial miscarriage of justice was shown.

Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Appeal / Decision of Appeal Panel on Application for Leave to Appeal and Appeal
Outcome
Leave to appeal refused; appeal dismissed; stay lifted.
Legal Topics
['retail Shop Lease' 'termination of Lease' 'minimum Term of Lease' 'compensation Claims' 'misleading or Deceptive Conduct' 'unconscionable Conduct']
['lease and Tenancy' 'commercial Law'] ['retail Shop Lease' 'termination of Lease' 'minimum Term of Lease' 'compensation Claims' 'misleading or Deceptive Conduct' 'unconscionable Conduct']

Case Brief

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Procedural Posture

Appeal / Decision of Appeal Panel on Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the retail shop lease was for a statutory minimum term of five years or a month-to-month tenancy.' 'Whether the lease was lawfully terminated by the respondent.' 'Whether compensation claims by the appellant were lodged out of time.' 'Whether there was a substantial miscarriage of justice warranting leave to appeal.']

Ratio Decidendi

Although the Tribunal erred in its application of s 6A(4) and failure to apply s 16 of the Retail Leases Act 1994, the error was not material to the ultimate orders, as the respondent lawfully terminated the lease for non-payment of rent under the lease terms, and the appellant's further claims were either outside time or unsupported by sufficient evidence. No substantial miscarriage of justice was shown.

Court Disposition

Leave to appeal refused; appeal dismissed; stay lifted.

Orders

  • ['Application for leave to appeal refused.' 'Appeal dismissed.' 'The stay granted on 13 July 2018 in regard to the orders made in proceedings file no COM 18/1574 is lifted forthwith.']