NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10

NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10

The only representation proved was that the Tenant would be the sole independent specialty fruit and vegetable retailer in the Fresh Food Precinct; this did not cover supermarkets. The Landlords were not misleading or unconscionable in failing to disclose supermarket plans. Damages were properly assessed.

Parties
First Appellant: NB2 Pty Ltd; Second Appellant: Michael Panetta; Third Appellant: Nicholas Basile; First Respondent: P.T. Ltd; Second Respondent: Perpetual Trustee Company Ltd; Third Respondent: RE1 Ltd
Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed with costs
Legal Topics
Misleading or Deceptive Conduct, Unconscionable Conduct, Lease Exclusivity, Damages Assessment
Consumer Law Commercial Leases Equity Misleading or Deceptive Conduct Unconscionable Conduct Lease Exclusivity Damages Assessment

Case Brief

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Parties

NB2 Pty Ltd

First Appellant

Michael Panetta

Second Appellant

Nicholas Basile

Third Appellant

P.T. Ltd

First Respondent

Perpetual Trustee Company Ltd

Second Respondent

RE1 Ltd

Third Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Landlords made representations regarding exclusivity in fruit and vegetable retailing
  2. 2 Whether such representations constituted misleading or deceptive conduct or unconscionable conduct
  3. 3 Whether failure to disclose supermarket's plans constituted contravention

Ratio Decidendi

The only representation proved was that the Tenant would be the sole independent specialty fruit and vegetable retailer in the Fresh Food Precinct; this did not cover supermarkets. The Landlords were not misleading or unconscionable in failing to disclose supermarket plans. Damages were properly assessed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.