Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NSW No. G.152 of 19R2 ) GENERAL DIVSION ) BETWEEN: ° . JOHN KONTOS and NICK KONTOS Applicants and MOBILIA PTY. LIMITED, ERIC LESLEY and MICHAEL WTLLIAMS Respondents CORAM: Northrop J. DATE OF ORDER: 26 May 1983 WHERE MADE: Sydney ORDER
THE COURT ORDERS THAT:
The application be dismissed.
There be judgment for the first named responcent, Mobilia
Pty. Limited, against the applicants in the sum of
$61,178.15.
The applicants pay the respondents' costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSW No. G.152 of 1982
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GENERAL DIVISION
BETWEEN: JOHN KONTOS and NICK KONTOS Applicants and MOBTLIA PTY. LIMITED, ERIC LESLEY and MICHAEL WILLIAMS Respondents CORAM: Northrop J. DATE OF ORDER: 26 May 1983 WHERE MADE: Sydney
REASONS FOR JUDGMENT
On 16 October 1979, John Kontos, as lessee, entered into a deed of agreement with Mobilia Pty. Limited, as lessor, for the lease of shop premises situated in a shopping complex known as the Castle Mall in the Sydney suburb of Castle Hill. At the same time Nick Kontos, the father of John, guaranteed to Mobilia the due payment of all monies payable by John under the lease and the due performance of all obligations by John under the lease. On 3 December 1979
John commenced to conduct a fast food restaurant and milk bar
business in the shop. In order to carry on that business John leased fittings and equipment from General Credits Ltd. under a lease agreement dated 19 December 1979. The business failed. On 19 January 1981, General Credits Ltd. repossessed the fittings and equipment and at present John owes General Credits Ltd. $46,320.88 arising out of the leasing agreement.
After 19 January 1981 John ceased to carry on the business.
Under the terms of the lease from Mobilia, John was required to pay rent monthly in advance. He made one payment only. Under the terms of the lease John was required to make other payments. He has not made those payments. Mobilia commenced two separate proceedings in the Supreme Court of New South Wales seeking payment of the monies owed by John and arising under the lease. The amounts owed by John total $61,178.15 being $35,092.46 for the period ending 12 January 1981 and $26,085.69 for the period ending 31 October 1981, when the lease was terminated. The Supreme Court proceedings are stayed pending the hearing and determination of the
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