Robin Raju and Associates Pty Ltd v Kaplan Investments Pty Ltd

Robin Raju and Associates Pty Ltd, trading as a jeweller, was involved in a legal dispute with Kaplan Investments Pty Ltd, the owner of the retail premises, over issues related to a retail lease. The case was heard in the New South Wales Civil and Administrative Tribunal (NCAT). The primary dispute centred on whether the premises qualified as a retail shop under the Retail Leases Act 1995 and if the NCAT had jurisdiction by virtue of the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (No 1, 2 and 3). Furthermore, the dispute included the issue of relief against forfeiture of the lease.

The central legal issues the court had to address were whether the premises constituted a retail shop as per the definition in the Retail Leases Act 1995 and if the NCAT had jurisdiction over the matter, especially given the COVID-19 regulations. The court also needed to consider the principles applicable for granting relief against forfeiture under these extraordinary circumstances.

The NCAT determined that the premises did not qualify as a retail shop under the Act, primarily due to the nature of the lease and the activities carried out within the premises. The Tribunal found that the COVID-19 regulations did not extend their jurisdiction in this case. Given these findings, the NCAT ruled that it did not have jurisdiction to grant relief against forfeiture. Consequently, the proceedings were dismissed. The orders made by the Tribunal included the dismissal of the proceedings in Matters COM 21/26432; COM 21/33002; and COM 21/38550.