Shree Sai Charan Pty Ltd v North Indian Flavour (Broadway) Pty Ltd and Bobby Singh [2011] NSWADT 95

Shree Sai Charan Pty Ltd v North Indian Flavour (Broadway) Pty Ltd and Bobby Singh [2011] NSWADT 95

The Tribunal does not have jurisdiction to determine Shree Sai Charan Pty Ltd's claim for conversion or unconscionable conduct against the respondents, as the claims do not arise out of liabilities or obligations under a retail shop lease between the parties and are not disputes between persons who are parties or former parties to the same lease, as required by the Retail Leases Act 1994.

Parties
Applicant: Shree Sai Charan Pty Ltd; First Respondent: North Indian Flavour (Broadway) Pty Ltd; Second Respondent: Bobby Singh
Jurisdiction
Australia
Judgment Date
05 May 2011
Procedural Posture
Retail Tenancy and Unconscionable Conduct Claim / Preliminary Hearing and Determination of Jurisdiction
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
Jurisdiction, Retail Tenancy Dispute, Unconscionable Conduct, Costs
Retail Leases Administrative Law Jurisdiction Retail Tenancy Dispute Unconscionable Conduct Costs

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Parties

Shree Sai Charan Pty Ltd

Applicant

North Indian Flavour (Broadway) Pty Ltd

First Respondent

Bobby Singh

Second Respondent

Procedural Posture

Retail Tenancy and Unconscionable Conduct Claim / Preliminary Hearing and Determination of Jurisdiction

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction over the retail tenancy claim by a former lessee against subsequent lessees
  2. 2 Whether the Tribunal has jurisdiction over an unconscionable conduct claim by a former lessee against subsequent lessees
  3. 3 Whether Mr Bobby Singh is a lessee of the premises

Ratio Decidendi

The Tribunal does not have jurisdiction to determine Shree Sai Charan Pty Ltd's claim for conversion or unconscionable conduct against the respondents, as the claims do not arise out of liabilities or obligations under a retail shop lease between the parties and are not disputes between persons who are parties or former parties to the same lease, as required by the Retail Leases Act 1994.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • The application is dismissed for want of jurisdiction.
  • The applicant shall pay the second respondent's costs fixed at $6,050.00 inclusive of GST.