Anka (Civic Center) Pty Ltd v Sahyoun

Anka (Civic Center) Pty Ltd, the landlord, sought possession of premises from Mr Sahyoun, the tenant, under the Retail Leases Act 1994 (NSW). The landlord had served a notice to vacate, and Mr Sahyoun filed proceedings in the Civil and Administrative Tribunal (CAT). The landlord then applied to the Supreme Court to transfer the proceedings back to the Supreme Court, arguing that mediation under Part 8 of the Retail Leases Act would be unlikely to be successful. Mr Sahyoun opposed the transfer and argued that the notice to vacate was unconscionable. He also claimed that an agreement to extend the notice period was invalid due to unconscionability. The landlord further argued that the agreement to extend the notice period was a statutory extension of the lease under section 44 of the Retail Leases Act and that section 129 of the Conveyancing Act 1919 (NSW) operated upon the landlord's claim.

The court considered whether the mediation would likely be successful, whether the proceedings should be transferred to the CAT, and whether the agreement to extend the notice period was unconscionable. The court found that mediation would likely be successful, and therefore the proceedings should remain in the CAT. The court found that the agreement to extend the notice period was not unconscionable and was a valid extension of the lease. The court also found that section 129 of the Conveyancing Act did not apply to the landlord's claim. The court ordered that the proceedings remain in the CAT and that the agreement to extend the notice period was valid. The landlord was awarded costs.

In conclusion, the court dismissed the landlord's application to transfer the proceedings to the Supreme Court and found that the agreement to extend the notice period was valid. The proceedings remained in the CAT, and the landlord was awarded costs.