Zaoud -v- Musico & Anor [2001] NSWADT 58

CITATION: Zaoud -v- Musico & Anor [2001] NSWADT 58 DIVISION: Retail Leases Division APPLICANT PARTIES: Saadein Zaoud RESPONDENTS Domenico Musico and Antonia Musico FILE NUMBER: 995028 HEARING DATES: 16/03/2001 SUBMISSIONS CLOSED: 03/16/2001 DATE OF DECISION: 04/17/2001

BEFORE: Donald B - Judicial Member APPLICATION: Claim for assignment of rights under a lease/ declaration lessor not entitled to withhold consent to an assignment of rights - Claim for payment of money MATTER FOR DECISION: Damages LEGISLATION CITED : Conveyancing Act 1919 Retail Leases Act 1994 CASES CITED: Yared v Spier [1979] 2 NSWLR 291. APPLICANT REPRESENTATION: R Walker, barrister RESPONDENT J M Atkin, barrister ORDERS: 1. Order that the Respondent pay to the Applicant the sum of $10,600 plus interest at the rate for judgments in the District Court from 19 October 1999 to the date of order.

Reasons for Decision

1 Following my decision of 14 August 2000 that the lessor had not been entitled to withhold consent to the assignment of the lease, it is now necessary to determine the consequences of that failure.

2 The lessee claims damages for the failure quantified as:- + Consideration for sale of business $16,000 + Value of stock $ 4,300 + Rent paid from anticipated date of settlement of business sale 20 August 1999 to end of lease $2,166 + Interest at 10.05% per annum to date from 20 August 1999

3 Other items claimed by the lessee were not pressed following examination of the factual basis for them in the course of the hearing.