Perron Investments Pty Ltd v Assignment Holdings Pty Ltd

In this case, Perron Investments Pty Ltd appealed against a decision made by Assignment Holdings Pty Ltd. The dispute centred around a determination by the Commercial Registrar regarding the amount of rent payable following a rent review. The appeal was heard in the Supreme Court of New South Wales. The primary issue before the court was whether the Commercial Registrar failed to adhere to the principles of natural justice when making the determination. This involved assessing the extent to which the rules of natural justice are excluded or limited by the Commercial Tenancy (Retail Shops) Agreements Act 1985 and what the specific requirements of natural justice were in this case.

The court examined whether the Commercial Registrar's failure to inform the parties of the contents of the opposing party's valuer's report and the absence of submissions and a hearing constituted a breach of natural justice. The Commercial Registrar had made the determination based solely on the valuers' reports without further input from the parties. The court held that the Commercial Registrar did indeed breach the rules of natural justice by not allowing the parties to respond to the opposing party's valuer's report and by not holding a hearing. This decision was made on the specific facts of the case, where the rules of natural justice were not fully excluded or limited by the Act.

The Supreme Court allowed the appeal and set aside the order discharging the order nisi. In its place, the court made the order nisi absolute and issued a writ of certiorari to quash the determination of the Commercial Registrar made on 12 December 2002. This ruling underscores the importance of adhering to the principles of natural justice, even in the context of statutory provisions that may limit these rules.