Tuon v Popo Big Bowl Noodles Pty Ltd; Popo Big Bowl Noodles Pty Ltd v Tuon

The parties to this case were Tuon and Popo Big Bowl Noodles Pty Ltd. Tuon, as the landlord, pursued Popo Big Bowl Noodles Pty Ltd, the tenant, for unpaid rent and outgoings. The dispute was adjudicated in the Civil and Administrative Tribunal of New South Wales. The Tribunal had to decide whether the tenant qualified as an "impacted lessee" under the Retail and Other Commercial Leases (COVID-19) Regulation 2022, and whether the landlord had engaged in negotiations "in good faith" to provide rent relief in line with the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles during COVID-19.

The Tribunal considered whether the tenant was an "impacted lessee" as defined by the Regulation and whether the landlord had negotiated in good faith to provide relief. The Tribunal also considered whether it had jurisdiction to determine the terms of the relief if the parties failed to agree. The Tribunal found that the tenant did not qualify as an "impacted lessee" under the Regulation and that the landlord had not engaged in negotiations in good faith. The Tribunal further found that it did not have jurisdiction to determine the terms of the relief if the parties failed to agree.

The Tribunal ordered that the tenant must pay the landlord arrears of rent and outgoings, along with compensation for breach of the lease. The Tribunal also dismissed the tenant's application and allowed either party to file written submissions seeking orders in relation to the costs of the proceedings. The Tribunal considered whether the question of costs could be determined on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).