Atma Investments Pty Ltd v The Astor Pty Ltd (RLD) (No.2) [2004] NSWADTAP 11

Appeal Panel - Internal

CITATION: Atma Investments Pty Ltd v The Astor Pty Ltd (RLD) (No.2) [2004] NSWADTAP 11 APPELLANT PARTIES: Atma Investments Pty Ltd RESPONDENT The Astor Pty Ltd FILE NUMBER: 039038 HEARING DATES: 8/03/2004 SUBMISSIONS CLOSED: 03/08/2004 DATE OF DECISION: 04/15/2004

Atma Investments Pty Ltd v The Astor [2003] NSWADT 102 DECISION UNDER APPEAL: BEFORE: Chesterman M - ADCJ (Deputy President); Montgomery S - Judicial Member; Weule B - Member CATCHWORDS: Claim for assignment of rights under a lease/ declaration lessor not entitled to withhold consent to an assignment of rights - Claim for declaration of rights,obligations and liabilities under a lease MATTER FOR DECISION: Merits FILE NUMBER UNDER APPEAL: 015016 DATE OF DECISION UNDER APPEAL: 05/16/2003 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Alcatel Australia Ltd v Scarcella (1998) 44 NSWLR 349 Atma Investments Pty Limited v The Astor [2003] NSWADT 102 CASES CITED: Atma Investments Pty Limited v The Astor Pty Ltd [2003] NSWADTAP 53 Butt v McDonald (1896) 7 QLJ 68 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 65 APPELLANT A Fernon, barrister REPRESENTATION: RESPONDENT G Burton, barrister ORDERS: 1. The Respondent is ordered to pay damages to the Appellant totalling $202,743.75, comprising a principal amount of $165,000 and interest in the amount of $37,743.75.; 2. The Respondent is also ordered to pay to the Applicant the amount of the security bond under the Lease less the amount of any rent not paid by the Lessee up to 18 August 2002. In addition, it must pay interest at 9% on this net amount for the period from 18 August 2002 to the date of this judgment.; 3. Each party has 28 days from the date of this judgment to file a submission on costs. In the event that either party does so, the other party has a further 21 days to file a submission in reply. In the absence of any objection from either party, the matter of costs will be determined 'on the papers', under s 76 of the Administrative Decisions Tribunal Act 1997.