Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24:

1. This is an appeal under s 80(2)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act) from a decision made in the Consumer and Commercial Division (CCD) of the NSW Civil and Administrative Tribunal under the Retail Leases Act 1994 (NSW) which was delivered on 20 June 2024.

2. We made the principal decision in Swedzah Pty Ltd v Moama Waters Providore Pty Ltd [2025] NSWCATAP 90 (the principal decision) on 28 April 2025. This decision (the costs decision) is the determination of a costs application made by the respondent in the appeal.

3. In the principal decision, as in the decision under review, the partie...