Re Commercial Registrar of The Commercial Tribunal of Western Australia; Ex Parte Perron Investments Pty Ltd

[2003] WASC 198

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Administrative Law
2. › Certiorari
3. › Writ of certiorari
4. › Order nisi
5. › Whether determination by Commercial Registrar should be quashed
6. › Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA), s 11
1. Administrative Law
2. › Natural justice
3. › Content of procedural fairness
4. › Statutory context
5. › Rent review determination by Registrar
6. › Whether natural justice required disclosure of opposing valuer's report
7. › Whether natural justice required formal hearing
8. › Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA), s 11(5)-(7)
1. Administrative Law
2. › Reasons for decision
3. › Duty to give reasons
4. › Whether special circumstances existed requiring detailed reasons
5. › Public Service Board of NSW v [name withheld]
1. Landlord and Tenant
2. › Commercial tenancies
3. › Retail shop leases
4. › Rent review
5. › Determination by Commercial Registrar
6. › Interaction between s 11 and Part III
7. › Whether Part III procedures apply to s 11(5) determinations
8. › Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA), ss 11, 16, 19, 20, 21, 22

Quick Take

The Part III mediation and Tribunal referral procedures under the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) do not apply to rent review determinations made by the Registrar under s 11(5). Natural justice in the s 11(5) context does not require disclosure of opposing valuer's reports or a formal hearing; it is satisfied by notice of the referral and the opportunity to put material before the Registrar.