Dr N Kalokerinos Pty Ltd v Jain

[2025] NSWCA 137

NSW Court of Appeal

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Interrogate

Catchwords

1. Leases and Tenancies
2. › Retail leases
3. › Retail shop lease
4. › Termination of retail lease
5. › COVID-19 regulatory regime
6. › Whether lessee an impacted lessee
7. › Whether Regulation imposed obligation on lessee to notify lessor of impacted lessee status before protections enlivened
8. › Retail and Other Commercial Leases (COVID-19) Regulation 2021 (NSW), cll 6A, 6B, 6C, 6D
1. Civil Procedure
2. › Admissions
3. › Effect of admission in points of defence in NCAT
4. › Whether admission binding unless leave to withdraw granted
5. › Whether admission analogous to agreed fact under s 191 Evidence Act 1995 (NSW)
6. › Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 53
1. Appeal
2. › Leave to appeal
3. › Principles governing grant of leave
4. › Whether proceedings raise questions of public importance
5. › Extension of time
6. › Supreme Court Act 1970 (NSW), s 101(2)(r)

Quick Take

Under the Retail and Other Commercial Leases (COVID-19) Regulation 2021 (NSW), a lessor who fails to request information from a lessee as to impacted lessee status before taking prescribed action bears the risk that the lessee is an impacted lessee, rendering the prescribed action unlawful; and an admission in points of defence filed in NCAT is binding unless leave to withdraw is granted, analogous in effect to an agreed fact under s 191 of the Evidence Act 1995 (NSW).