Swiss Concept Australia Pty Ltd v Diamondlite Pty Ltd

Swiss Concept Australia Pty Ltd brought an application to the Civil and Administrative Tribunal (CAT) seeking unpaid rent from Diamondlite Pty Ltd, a tenant under a retail lease. The dispute arose during the COVID-19 pandemic, with the landlord claiming that the tenant was an impacted lessee under the Retail and Other Commercial Leases (COVID-19) Regulations. These regulations implement the National Cabinet Mandatory Code of Conduct and the SME Commercial Leasing Principles. The core issue was whether the tribunal had the jurisdiction to determine the terms of rent relief in the absence of an agreement between the parties.

The tribunal had to decide whether it could step in to set the terms of rent relief when the parties had not been able to agree. Both parties consented to the tribunal making a determination on the terms of relief. The tribunal considered the statutory provisions and the principles of the relevant regulations, assessing the appropriate approach to determining the terms of relief. It noted that the regulations provided a framework for rent relief but did not mandate a specific outcome, leaving room for tribunal discretion.

The tribunal concluded that it had the jurisdiction to determine the terms of relief as per the statutory framework and the consent of the parties. It assessed the submissions and evidence to determine the appropriate relief, ultimately ordering the tenant to pay the landlord a specified amount immediately and in instalments over a set period. The tribunal's decision was based on a careful consideration of the statutory context and the submissions of the parties, ensuring the outcome was consistent with the legislative intent.