Parallel Lines International Pty Limited v Video-Drama Pty Limited [2007] NSWADT 84

CITATION: Parallel Lines International Pty Limited v Video-Drama Pty Limited [2007] NSWADT 84

DIVISION: Retail Leases Division

APPLICANT/CROSS RESPONDENT Parallel Lines International Pty Limited PARTIES: RESPONDENT/CROSS APPLICANT Video-Drama Pty Limited

FILE NUMBER: 035138; 045009

HEARING DATES: 20-21 March 2006, 11-12 October 2006

SUBMISSIONS CLOSED: 8 March 2007

DATE OF DECISION: 12 April 2007

BEFORE: Chesterman M - ADCJ (Deputy President); Fagg N - (Advisory) Non Judicial Member ; Griffiths G - (Advisory) Non Judicial Member

CATCHWORDS: Claim for payment of money - Damages - Unconscionability

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Retail Leases Act 1994

Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 GPT Management Ltd & Anor v Spa Heaven Pty Ltd & Ors [2005] NSWSC 1043 CASES CITED: Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd (1989) 166 CLR 623 Sanpine Pty Ltd v Koompahtoo Local Aboriginal Land Council & Ors [2006] NSWCA 291 Shevill v Builders Licensing Board (1982) 149 CLR 620 Tyco Australia Pty Ltd v Optus Networks Pty Ltd & Ors [2004] NSWCA 333

APPLICANT/CROSS RESPONDENT A Vatner, agent (20 and 21 March, 11 and 12 October 2006)N Obrart, barrister (written submissions) REPRESENTATION: RESPONDENT/CROSS APPLICANT G Sirtes, barrister

ORDERS: 1. The Applicant/Cross Respondent ('the Applicant') is entitled to damages, to be assessed, from the Respondent/Cross Applicant ('the Respondent'), representing (a) the value of its goods seized by the Respondent on 5 October 2002 and (b) the amount of the security deposit paid by it pursuant to the former lease between the parties; 2. The Respondent is entitled to damages from the Applicant representing the rent due and unpaid under the lease as at 5 October 2002; 3. Within 28 days of the date of these reasons, the Applicant is to file and serve any further evidence and submissions relating to the identity and value of its goods seized by the Respondent on 5 October 2002; 4. Within a further 28 days, the Respondent is to serve any evidence and submissions in reply on this matter; 5. On being given reasonable notice, the Respondent is to permit agents of the Applicant to inspect at a reasonable time any goods of the Applicant held at premises owned or controlled by the Respondent or by any director of the Respondent; 6. The matter is set down for further directions at 9.30 a.m. on Wednesday 6 June 2007.