Heriot Pty Ltd v Williams [2024] NSWCATCD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Heriot Pty Ltd v Williams [2024] NSWCATCD 35 Hearing dates: 29 January 2024 Date of orders: 13 March 2024 Decision date: 13 March 2024 Jurisdiction: Consumer and Commercial Division Before: G Ulman, Senior Member Decision: (1) Within seven (7) days, the applicant file and serve an affidavit setting out interest calculations on the make good claim, re-leasing claim and unpaid rent claim at the rate prescribed by clause 11.4 of the lease from the commencement of these proceedings to 29 January 2024. (2) Upon the filing of the affidavit, final orders will be made on the papers as permitted by section 50(2) of the Civil and Administrative Tribunal Act 2013, unless persuaded that there should be oral submissions. (3) Costs are reserved. Catchwords: Retail lease – damages claim for lost rent and expenses - no rent payable in the first year of the new lease – whether lessor has mitigated the loss – whether lessor entitled to recover GST – whether lease permits entitlement to interest when no demand made for payment made – costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Retail Leases Act 1993 Retail Leases Regulation 2022 Cases Cited: Karacominakis v Big Country Developments Pty Ltd & Big Country Developments Pty Ltd v Chadlace Pty Ltd & Ors J W Wall Investment Co Pty Ltd & Ors v Big Country Developments Pty Ltd & Ors Hollingsworth & v Big Country Developments Pty Ltd & Ors [2000] NSWCA 313 Texts Cited: Prof B Edgeworth Butt's Land Law (7th ed) Category: Principal judgment Parties: Heriot Pty Ltd – Applicant Andrew Charles Williams - Respondent Representation: Counsel: Mr T Bateman for the Applicant Solicitors: Baron & Associates No appearance by the respondent File Number(s): 2023/00379427 Publication restriction: Nil