Bartlett -v- Anderson & anor; Anderson & anor -v- Bartlett [2000] NSWADT 86

CITATION: Bartlett -v- Anderson & anor; Anderson & anor -v- Bartlett [2000] NSWADT 86 DIVISION: Retail Leases Division APPLICANT (File No 995027) Amanda Bartlett

RESPONDENTS (File No 995027) Colin Anderson Jan Anderson PARTIES: APPLICANTS (File No 005010) Colin Anderson Jan Anderson

RESPONDENT (File No 005010) Amanda Bartlett FILE NUMBER: 995027; 005010 HEARING DATES: 05/06/2000, 19/06/2000 SUBMISSIONS CLOSED: 07/19/2000 DATE OF DECISION: 07/04/2000

BEFORE: Fox R - Judicial Member APPLICATION: Claim for declaration of rights, obligations and liabilities under a lease - Claim for payment of money MATTER FOR DECISION: Principal matter LEGISLATION CITED : Retail Leases Act 1994 CASES CITED: APPLICANT/ RESPONDENT REPRESENTATION: In person RESPONDENTS/APPLICANTS R Ranken, solicitor ORDERS: Matter number 995027: ; 1. The lease of the premises at Shop 1- 22 Lake Street, Laurieton between the Applicant and the Respondent, which commenced on 24 August 1998 by operation of the Retail Leases Act was validly terminated by re-entry, for failure to pay rent, on 28 October 1999.; 2. The Applicant is relieved from all obligations pursuant to the lease other than the obligation to pay rent, see order made in application 005010.; 3. Application for compensation refused.; Matter number 005010:; 1. In respect of the premises Shop 1- 22 Lake Street, Laurieton pursuant to lease implied by the Retail Leases Act, which commenced on 24 August 1998 by operation of the Retail Lease Act after allowing for proper set off, and taking into account the valid termination of the lease on 28 October 1999, rent payable by Lessee to Lessor is $540.00.