Skiwing Pty Ltd trading as Cafe Tiffanys v Trust Company of Australia Limited [2002] NSWADT 278

CITATION: Skiwing Pty Ltd trading as Cafe Tiffanys v Trust Company of Australia Limited [2002] NSWADT 278 DIVISION: Retail Leases Division APPLICANT PARTIES: Skiwing Pty Ltd trading as Cafe Tiffanys RESPONDENT Trust Company of Australia Limited (Stockland Property Management Ltd) FILE NUMBER: 025117 HEARING DATES: 13/12/02 SUBMISSIONS CLOSED: 12/17/2002 DATE OF DECISION: 12/23/2002

BEFORE: Donald BG - Judicial Member APPLICATION: Claim for declaration of rights, obligations and liabilities under a lease MATTER FOR DECISION: Principal matter LEGISLATION CITED : Conveyancing Act 1919 Interpretation Act 1987 Klianis v Chatham Pty Ltd (1994) Supreme Court of NSW (BC9403123 unreported) CASES CITED: Norweigian American Cruises v Paul Mundy Ltd [1988] 2 Lloyds Law Reports 343 Xin v Zakos [2002] NSWADT 189 APPLICANT REPRESENTATION: A I Tonking, barrister RESPONDENT N Sharp, barrister ORDERS: (a) the Lessee be entitled to display a sign advertising its business at the Pitt Street entrance to the Imperial Arcade between 12 p.m. and 2 p.m. and at the Pitt Street and Castlereagh Street entrances from 6 p.m. till the close of its business; (b) the specific locations are at or near those previously designated by the Lessor with the right of the Lessor to require relocation within the general entrance areas having regard to demonstrated public safety or pedestrian traffic requirements.; (c) the signs must accord with design and style standards appropriate for the Centre in which regard the style and design proposed by the Lessor to the Lessee in June/July 2002 by way of a replacement for the previous A frame signs would be appropriate at the cost of the Lessee unless otherwise agreed between the parties.