Sanirise Pty Ltd v Darling Harbourside (Sydney) Pty Ltd & Ors [1994] FCA 1093

JUDGMENT No. ox! 2. Goal amtcte

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) —_NG 325 of 1993 ) GENERAL DIVISION ) BETWEEN: 773 Applicant

Fourth Cross-Respondent to First Cross-Claim Second Cross-Respondent to Second Cross-Claim

AND: D G i} L 2, 47

Respondent Cross-Claimant to First Cross-Claim First Cross-Respondent to Second Cross-Claim

DELAMOS PTY LIMITED (ACN 003 243 936)

First Cross-Respondent to First Cross-Claim

MEHDI] NAYER HABIBI

Second Cross-Respondent to First Cross-Claim Second Cross-Claimant

VANIK BERBERIAN Third Cross-Respondent to First Cross-Claim

FRANK MOSHFEGHI-NEJAD

Fifth Cross-Respondent to First Cross-Claim

CHRISTINE E L

Sixth Cross-Respondent to First Cross-Claim

Coram: Davies J. 14 December 1994

Yate: 'cet Sydney \ \ \

FEDERAL COURT OF |

AUSTRALIA PRINCIPAL REGISTRY

-2-

REASONS FOR JUDGMENT

The applicant, Sanirise Pty Limited ("Sanirise") became the lessee of certain shops and premises at Darling Harbour. The lessor was the respondent, Darling

Harbourside (Sydney) Pty Limited ("Darling Harbourside").

In these proceedings, which were instituted in the first half of 1993, Sanirise seeks damages alleged to anse from conduct on the part of Darling Harbourside in breach of section 52 of the Trade Practices Act 1974 (Cth). Sanirise also claims that there have been breaches by Darling Harbourside of certain terms of the leases. Included is an allegation that Darling Harbourside has wrongly levied Saninse for operating expenses which were not operating expenses as specified in the leases and that Darling Harbourside has wrongly calculated certain other matters taken into account in the ascertainment of the rent. Darling Harbourside has instituted a cross-

claim claiming possession of the premises, rent and money due, and damages.

The proceedings were first fixed for hearing on the four days commencing on 31 August 1993 but Sanirise desired that these dates be vacated. On 20 August 1993