Leda Holdings P/L v Vasilakis Holdings P/L

Leda Holdings Pty Ltd and MEPC Australia Limited sought judicial review of a decision made by the Retail Shop Lease Tribunal ordering them to pay Vasilakis Holdings Pty Ltd $200,000 in compensation. The applicants argued that the tribunal lacked jurisdiction and that the process before the tribunal breached the rules of natural justice. The Supreme Court found that the tribunal had jurisdiction over the claim and that the applicants had not been denied natural justice in the process before the tribunal. However, the Court held that the reasons given by the tribunal were inadequate and set aside the decision, leaving the issue of quantum to be determined by the tribunal.

The Court began by examining the jurisdiction of the tribunal, finding that the claim was within the tribunal's monetary jurisdiction given that Vasilakis had abandoned its entitlement to any excess in award of damages above $200,000. The Court also held that the tribunal was not denied natural justice in its process, despite varying an earlier ruling on the measure of damages and proposing to reopen the case to allow further evidence. However, the Court found that the tribunal's reasons for its decision were inadequate as they did not explain the basis of the award of compensation. The tribunal had merely taken the cost of the shop fittings and added an unspecified sum for trading losses, asserting that the total must have been over $200,000 and so an award of $200,000 was justified. The reasons did not explain how the alleged trading losses were attributable to the misrepresentations. The Court set aside the decision and left the issue of quantum to be determined by the tribunal.