Roufas v Dreha t/as Sneaker Genius [2022] NSWCATCD 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roufas v Dreha t/as Sneaker Genius [2022] NSWCATCD 215 Hearing dates: 09 November 2022 Date of orders: 10 November 2022 [amended 29 November 2022] Decision date: 10 November 2022 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013 (NSW) the decision made 10 November 2022 is amended as follows: (1) The respondent is to pay the applicant $26,631.03 immediately. (2) The respondent is to surrender possession of the premises at 83 Canterbury Road, Canterbury NSW 2193 to the applicant by 17 November 2022. (3) Rental Bonds is directed to pay Bond Number R029619-1 to the applicant's agent Leon Roussakis of Ray White Canterbury. Catchwords: LEASES AND TENANCIES — Retail leases — Rent and outgoings — failure by lessee to pay rent – remedies available to lessor Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 28, 29, Sch 4, cl 3 Civil and Administrative Tribunal Rules 2014 (NSW), rr 13, 35 Retail Leases Act 1994 (NSW), ss 3, 16I, 63, 70, 71, 72, Sch 1 Category: Principal judgment Parties: Anthony Roufas (Applicant) Joshua Dreha (Respondent) Representation: Solicitors: J Djundja (Applicant) File Number(s): COM 22/31669 Publication restriction: Nil

REASONS FOR DECISION

Overview 1. These proceedings involve a dispute arising out of a retail shop lease of the premises at 83 Canterbury Road, Canterbury NSW 2193 (the premises) between the lessor, Anthony Roufas (Mr Roufas), and the lessee, Joshua Dreha (Mr Dreha), who carries on business under the name Sneaker Genius, in which Mr Roufas seeks relief against Mr Dreha under the Retail Leases Act 1994 (NSW) (RL Act). 2. I have decided that Mr Dreha should pay Mr Roufas $26,631.03 and surrender possession of the premises to Mr Roufas by 17 November 2022.