Newlife Centre Pty Ltd v Dymocks Book Arcade Pty Ltd; Dymocks Book Arcade Pty Ltd v Newlife Centre Pty Ltd [2021] NSWCATCD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Newlife Centre Pty Ltd v Dymocks Book Arcade Pty Ltd; Dymocks Book Arcade Pty Ltd v Newlife Centre Pty Ltd [2021] NSWCATCD 26 Hearing dates: 16 April 2021 Date of orders: 15 June 2021 Decision date: 10 June 2021 Jurisdiction: Consumer and Commercial Division Before: G Ulman, Senior Member Decision: (1) In application COM 20/50480 (a) Declaration pursuant to section 72(1)(f)(iii) of the Retail Leases Act 1994 that that Newlife Centre Pty Ltd is liable to Dymocks Book Arcade Pty Ltd the sum of $9190.47. (b) Declaration pursuant to section 72(1)(f)(iv) of the Retail Leases Act 1994 that from the $10,910.68 security bond held by the Office of the Small Business Commissioner as security for Newlife Centre Pty Ltd's obligations under the lease dated 14 October 2019 of suite 10, Level 8, 428 George Street, Sydney New South Wales: (i) Dymocks Book Arcade Pty Ltd is entitled to receive payment of the sum of $9190.47. (ii) Newlife Centre Pty Ltd is entitled to receive payment of the sum of $1720.21 (2) Application COM 20/50086 is dismissed Catchwords: LEASES AND TENANCIES — Retail leases — Claim for rent, outgoings and make good costs — Claim for rent relief under the Retail And Other Commercial Leases (COVID-19) Regulation (No 3) 2020 — Claim for return of a security bond Legislation Cited: Retail Leases Act 1994 (NSW) Retail And Other Commercial Leases (COVID-19) Regulation (No 3) 2020 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: In COM 20/50086: Newlife Centre Pty Ltd (Applicant) Dymocks Book Arcade Pty Ltd (Respondent) In COM 20/50480: Dymocks Book Arcade Pty Ltd (Applicant) Newlife Centre Pty Ltd (Respondent) File Number(s): COM 20/50086 and COM 20/50480 Publication restriction: Nil