Duarte and ors v Mitchell and ors [2007] NSWADT 276

CITATION: Duarte and ors v Mitchell and ors [2007] NSWADT 276

DIVISION: Retail Leases Division

APPLICANTS/CROSS RESPONDENTS Carlos Duarte and Rita Duarte PARTIES: RESPONDENTS/CROSS APPLICANTS Steve Mitchell and Sandra Mitchell

FILE NUMBER: 075102; 075168

HEARING DATES: 29 August 2007, 10 September 2007 and 12 September 2007

SUBMISSIONS CLOSED: 26 September 2007

DATE OF DECISION: 28 November 2007

BEFORE: Chesterman M - ADCJ (Deputy President); Griffiths G - (Advisory) Non Judicial Member ; Ward R - (Advisory) Non Judicial Member

CATCHWORDS: Claim for declaration of rights, obligations and liabilities under a lease - Claim for payment of money - Costs - Damages - Unconscionability

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Conveyancing Act 1919 Environmental and Planning Assessment Act 1979 Retail Leases Act 1994

Kindful (Australia) Pty Limited v Country Villa Holdings Pty Limited [2006] NSWADT 224 CASES CITED: Perrin v Hungay Pty Ltd [2005] NSWADT 257 Sarip Investment Pty Ltd v Uno Uno Pty Ltd [2004] NSWADT 27

APPLICANTS/CROSS RESPONDENTS L Paraska, solicitor REPRESENTATION: RESPONDENTS/CROSS APPLICANTS N Confos, barrister

ORDERS: 1. It is declared that the lease between the parties, relating to retail shop premises at Shop B, 113 Queen Street, Campbelltown, was validly terminated by the Respondents/Cross Applicants on 11 May 2007; 2. The Applicants/Cross Respondents are jointly and severally liable to pay the sum of $6,864.00 to the Respondents/Cross Applicants; 3. The Applicants/Cross Respondents are to pay the Respondents/Cross Applicants' costs of the directions hearing held on 9 August 2007, as agreed or assessed on a party/party basis; 4. The Application lodged on 15 June 2007 by the Applicants/Cross Respondents is dismissed.