Salon Today Pty Limited v M.N.I.R Pty Limited [2008] NSWADT 260

CITATION: Salon Today Pty Limited v M.N.I.R Pty Limited [2008] NSWADT 260

DIVISION: Retail Leases Division

APPLICANT Salon Today Pty Limited PARTIES: RESPONDENT M.M.I.R Pty Limited

FILE NUMBER: 085041

HEARING DATES: 1 September 2008

SUBMISSIONS CLOSED: 1 September 2008

DATE OF DECISION: 15 September 2008

BEFORE: Molloy G - Judicial Member

CATCHWORDS: Claim for removal of signage

MATTER FOR DECISION: Principal matter

Conveyancing Act 1919 LEGISLATION CITED : Real Property Act 1900 Retail Leases Act 1994 Roads Act 1993

Frazer v Walker [1967] 1 AC 569 Heggies Bulkhaul Ltd v Global Minerals Australia Pty Ltd [2003] 59 NSWLR 312 CASES CITED: Hilton Hotels (Australia) Pty Limited v Sunrise Resources (Australia) Pty Limited [2000] NSWSC 46 Khan v Hadid (short title) [2008] NSWSC 119 Kilgrove Pty Limited v Danzas Pty Limited (1995) 7 BPR 14,536 Yazgi v Permanent Custodians Limited [2007] NSWCA 240

APPLICANT C Bolger, barrister REPRESENTATION: RESPONDENT A Tsekouras, barrister

The Tribunal makes the following Orders: 1. Declaration that the Applicant is entitled to maintain and display its current external signage in relation to the business of the Applicant on the fascia of the structure over the footpath and attached to the property at 241-243 Princes Highway Corrimal ORDERS: 2. The Respondent is restrained from doing or performing any act that does or may interfere with the said signage 3. Declare that the relief granted in Orders 1 and 2 hereof is as a consequence of a contractual right vested in the Applicant pursuant to consent given under Clause 6.3.4 of Lease registered AB281339J 4. Unless any party makes an application to the Tribunal for an Order for costs and serves such application within 28 days of the publication of this Decision, no order as to costs.