Susanna and John Pty Ltd v Trident Ashgrove JV Pty Ltd (No 2)

Susanna and John Pty Ltd, the applicant, sought to appeal the decision of the Retail Tenancies Tribunal of Victoria which dismissed their claim against the respondent, Trident Ashgrove JV Pty Ltd, regarding a lease for a retail shop. The applicant argued that the respondent's conduct in offering a new lease amounted to unconscionable behaviour under the Retail Shop Leases Act 1994, as it allegedly impaired their visibility and restricted customer access. The Tribunal found that the respondent's actions did not constitute unconscionable conduct and dismissed the applicant's claims. The applicant now seeks leave to appeal this decision.

The primary legal issue before the court was whether the Tribunal erred in dismissing the applicant's claim that the respondent's actions constituted unconscionable conduct. This involved examining the evidence presented, the application of relevant statutory provisions, and determining whether the Tribunal's findings of fact were unreasonable. Additionally, the court considered whether there was a conflict of interest on the part of the Tribunal member, which might have influenced the decision.

The court held that the Tribunal's decision was not in error and that the findings of fact were supported by the evidence. The court found no basis for the claim of unconscionable conduct, as the Tribunal's assessment of the respondent's actions was reasonable and justified. Furthermore, the court found no evidence of a conflict of interest that could have influenced the decision. Consequently, the court denied the applicant's application for leave to appeal, upholding the Tribunal's original decision.

In light of the court's decision, the application for leave to appeal was refused. No appeal would be permitted, and the Tribunal's decision dismissing the applicant's claims remained in effect.