Gan v Shop 3, 228-230 Hanvaylee Parade Kensington Pty Ltd

In the matter of Gan v Shop 3, 228-230 Hanvaylee Parade Kensington Pty Ltd, the appeal was brought by the plaintiff, Gan, against the decision made by the NSW Civil and Administrative Tribunal Appeal Panel. The plaintiff sought to challenge the tribunal's determination that the lease in question had been lawfully terminated by the defendant. The dispute centred on the interpretation of the lease agreement, the calculation of the "current market rent", and the existence of a "rent free period" under an option for the new lease. Additionally, the plaintiff argued that the tribunal erred in not permitting claims for conversion and unconscionable conduct.

The primary legal issues before the court were whether the tribunal erred in law by finding that the lease had been lawfully terminated, whether there was an error in the tribunal's determination of the "current market rent", and whether the tribunal erred in not allowing the claims for conversion and unconscionable conduct. The court had to examine the principles governing the grant of leave to appeal and whether the plaintiff had established a proper basis for such leave.

The court found that the plaintiff had not established a proper basis for the grant of leave to appeal. The tribunal had correctly interpreted the lease and the relevant legal principles. The court held that the tribunal's determination of the "current market rent" was not an error of law, and the tribunal was correct in not entertaining or refusing leave to bring claims for conversion and unconscionable conduct. Consequently, the leave to appeal was refused. The court emphasised the stringent requirements for granting leave to appeal and concluded that the tribunal's decision was legally sound.