Skiwing Pty Ltd v Trust Company of Australia Ltd [2005] NSWADT 188

CITATION: Skiwing Pty Ltd v Trust Company of Australia Ltd [2005] NSWADT 188 DIVISION: Retail Leases Division APPLICANT PARTIES: Skiwing Pty Ltd RESPONDENT Trust Company of Australia Limited FILE NUMBER: 045078, 055048 & 055049 HEARING DATES: On the papers SUBMISSIONS CLOSED: 08/07/2005 DATE OF DECISION: 10/08/2005

BEFORE: Donald BG - Judicial Member APPLICATION: Claim for declaration of rights, obligations and liabilities under a lease MATTER FOR DECISION: Principal matter LEGISLATION CITED : Retail Leases Act 1994 CASES CITED: Skiwing Pty Ltd v Trust Company of Australia Limited [2004] NSWADT 169 Skiwing Pty Ltd v Trust Company of Australia Ltd [2005] NSW ADTAP 10 APPLICANT REPRESENTATION: Z Stojanoski, agent RESPONDENT M Allars, barrister ORDERS: Order that the Lessor: 1. Prepare a Schedule of Lessee's Contribution to Outgoings for each of the financial years ending 2000 to 2005 limited to the following items: municipal rates, water rates, land tax, insurances, toilet requisites, waste removal; excluding other items. 2. Calculate the appropriate share of the Lessee applying the provisions of the Lease in respect of the lettable retail area of the Centre. 3. Either reimburse the Lessee with any difference between the total amount already paid for those years 2000 to 2005 and the proper claimable amount or alternatively if there is a continued shortfall, issue a notice to the Lessee for the shortfall which the Lessee is by virtue of this judgment obliged to pay. 4. Issue future notices of the Lessee's share of contributions to outgoings on that basis. Declare that the Lessee is obliged under the Lease to pay the contribution to the promotional fund pursuant to cl 17.14 and Item 14 of the Lease.