Seguin & Anor v Anglican Church Property Trust Diocese of Sydney (No 2) [2004] NSWADT 147 [2004] NSWADT 147

CITATION: Seguin & Anor v Anglican Church Property Trust Diocese of Sydney (No 2) [2004] NSWADT 147 [2004] NSWADT 147 DIVISION: Retail Leases Division APPLICANTS PARTIES: Margaret Seguin and Jean Paul Seguin RESPONDENT Anglican Church Property Trust Diocese of Sydney FILE NUMBER: 045020 HEARING DATES: 06/07/2004 SUBMISSIONS CLOSED: 07/06/2004 DATE OF DECISION: 07/21/2004

BEFORE: Chesterman M - ADCJ (Deputy President); Fairweather R - Non Judicial Member; Tyler T - Non Judicial Member APPLICATION: Interim order MATTER FOR DECISION: Preliminary matter LEGISLATION CITED : Retail Leases Act 1994 CASES CITED: Rippon v Chilcotin Pty Ltd (2001) 53 NSWLR 198 Seguin & Anor v Anglican Church Property Trust Diocese of Sydney (No.1) [2004] NSWADT 146 APPLICANTS REPRESENTATION: M Fitzgerald, solicitor RESPONDENT G Moore, barrister ORDERS: Orders made 6 July 2004: 1. Until the termination of these proceedings or until further order, the Applicants in the proceedings are to grant to the Churchwardens of St Aidans Church, Annandale, access to the area of the Church Hall between the dividing brick wall within the Hall and the line of the previous stud wall, between midnight and 12 noon each Sunday, for the purpose of conducting a Sunday School; 2. By the close of business on Friday, 9 July 2004, the Applicants are to provide duplicate keys and the alarm code for the Church Hall to the Churchwardens; 3.(a) Before the commencement of Sunday School each Sunday, the Respondent must erect temporary partitions, to be supplied by it, so as to separate the area defined in Clause 1 of these orders from any equipment or stock belonging to the Respondents or their customers that has been stored by the Respondents at the rear of the Church Hall; 3.(b) At the conclusion of Sunday School each Sunday, the Respondent must take down and remove these temporary partitions; 4. The Respondent must provide adequate supervision by adults of children attending Sunday School in the area defined in Clause 1; 5. The Respondent is not to rely on Clause 11 of the Licence Agreement between the parties with respect to any matter arising from the grant of access under these orders; 6. The costs of this Application by the Respondent are reserved.