Mi-Ok Pty Ltd v Shaul [2011] NSWADT 281

Mi-Ok Pty Ltd v Shaul [2011] NSWADT 281

The Tribunal concluded that the predominant use of the premises was not as a retail shop but for storage, assembly, display and office administration; therefore, there was no retail tenancy dispute and the Tribunal lacked jurisdiction.

Jurisdiction
Australia
Judgment Date
01 December 2011
Procedural Posture
Interlocutory Application / Decision
Outcome
Application dismissed
Legal Topics
['jurisdiction' 'retail Tenancy Dispute']
['retail Leases'] ['jurisdiction' 'retail Tenancy Dispute']

Case Brief

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Procedural Posture

Interlocutory Application / Decision

Legal Issues

  1. 1 ['Whether the premises are a retail shop within the meaning of Retail Leases Act 1994' 'Whether there is a retail tenancy dispute conferring jurisdiction on the Tribunal']

Ratio Decidendi

The Tribunal concluded that the predominant use of the premises was not as a retail shop but for storage, assembly, display and office administration; therefore, there was no retail tenancy dispute and the Tribunal lacked jurisdiction.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' 'Each party is to pay its own costs unless either party files and serves written submissions within 14 days as to why a costs order should be made. If written submissions are filed and served in accordance with this order, the other party is to file and serve any written submissions...