Fares & ors v Bleakley & anor [2005] NSWADT 230

CITATION: Fares & ors v Bleakley & anor [2005] NSWADT 230 DIVISION: Retail Leases Division APPLICANTS Ghassan Fares Jittmia Chawalittara Kektanok Roongsawang Jutarpon Channoom RESPONDENTS Robert John Bleakley PARTIES: Shala Pty Limited CROSS APPLICANTS Robert John Bleakley Shala Pty Limited CROSS RESPONDENTS Ghassan Fares Jittmia Chawalittara Kektanok Roongsawang Jutarpon Channoom FILE NUMBER: 035135; 045036 HEARING DATES: 21/03/2005-23/03/2005 12/05/2005-13/05/2005 SUBMISSIONS CLOSED: 05/13/2005 DATE OF DECISION: 10/11/2005

BEFORE: Boyce P - Judicial Member APPLICATION: Claim for declaration of rights, obligations and liabilities under a lease - Claim for payment of money MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Conveyancing Act 1919 Retail Leases Act 1994 CASES CITED: Aliotta v Broadmeadows Bus Service Pty Limited (1988) 65 LGRA362 Wanice Pty Ltd v Bocove Pty Ltd [2003] NSW ADT 17 APPLICANT & CROSS RESPONDENT REPRESENTATION: M Southwick, Barrister RESPONDENT & CROSS APPLICANT D L Warren, Barrister ORDERS: Matter 035135; 1. The Applicant's application; (i) for damages for false and misleading representations by the Respondents; (ii) for damages for loss of sale of the business; (iii) for damages for loss of income when the premises could not be used as a restaurant; is dismissed; 2. I declare that; (i) no rent is payable from 15 October 2004 until 31 March 2005; (ii) the lease terminated on 16 March 2004; 3. That the Respondent's pay to the Applicant's; (i) the security deposit held by them in full; and; (ii) the sum of $3522.19 being the refund of overpaid outgoings; Matter 045036; The application is dismissed; Costs; 1.The parties may make written submissions in relation to costs within 28 days of this decision; 2.If no submissions are made, then there will be no order as to costs.