Recent Cases

Fasako Pty Ltd v TianyD Beauty & Hairdressing Australia Pty Ltd [2022] NSWCA 112 (01 July 2022) (White JA and Basten AJA)


APPEALS – leave to appeal – interlocutory judgment – proposed appeal from refusal of leave to appeal from NCAT Appeal Panel – constrained approach to grant of leave for third level of appeal – primary judge found no error of law more than merely arguable – failure to consider submissions –

LEASES AND TENANCIES – enforceability of commercial lease – breach of condition – landlord’s obligation to keep building in sound structural condition – breach – alleged inadequacy of water pump and pipes to provide fire protection