1A 'no evidence' complaint raises a question of law for the purposes of s 83(1) of the CAT Act, but complaints about the sufficiency or adequacy of evidence, even if framed as 'no evidence' complaints, do not establish error of law where the impugned findings are supported by unchallenged witness evidence.
2Where the permitted use in a lease encompasses both prescribed and non-prescribed businesses under Schedule 1 of the Retail Leases Act 1994 (NSW), the tribunal must analyse the actual use of the premises to determine whether the predominant use falls within a prescribed business, following the approach in Dee-Tech and Diamond Certification Laboratories.
3The provision of a Disclosure Statement under the Retail Leases Act at the time of lease execution is relevant but not determinative of whether a lease is a 'retail shop lease', where the jurisdictional fact must be assessed as at the date the claim was lodged with NCAT.
Case Details
Citation[2023] NSWSC 416
Reported(2023) 20 BPR 43
CourtNSWSC
JurisdictionNew South Wales
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