Huang v Mac's Pty Ltd [2003] NSWADT 192

CITATION: Huang v Mac's Pty Ltd [2003] NSWADT 192 DIVISION: Retail Leases Division APPLICANT Jian Huang RESPONDENT PARTIES: Mac's Pty Ltd CROSS APPLICANT Mac's Pty Ltd CROSS RESPONDENT Jian Huang FILE NUMBER: 035046; 035051 HEARING DATES: 03/07/2003 SUBMISSIONS CLOSED: 07/03/2003 DATE OF DECISION: 08/15/2003

BEFORE: Donald BG - Judicial Member APPLICATION: Claim for payment of money - Claim for relief against forfeiture - Claim for surrender of possession of premises MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Conveyancing Act 1919 Insurance Contracts Act 1984 (Cth) Trident General Insurance Co Ltd v. McNeice (1988) 80 ALR 574 CASES CITED: Commonwealth Bank of Australia v. Baltica General Insurance Co Ltd (1992) 28 NSWLR 579. Legione v. Hateley (1983) 46 ALR 1 Liristis Holdings Pty Ltd v. Wallville Pty Ltd [2001] NSWSC 428) APPLICANT AND CROSS RESPONDENT REPRESENTATION: D Ash, barrister RESPONDENT AND CROSS APPLICANT G E Underwood, barrister ORDERS: Application 035046; 1 Notices of Termination dated 12 May 2003 from the Respondent to the Applicant be set aside; 2 Application otherwise dismissed; 3 No order as to Costs ; Application 035051; 1 Respondent Lessee to pay Applicant $3000 (inclusive of GST) pursuant to cl 7 02 of the Lease; 2 Application otherwise dismissed; 3 No order as to costs.