Hanna v Saracoglu [2005] NSWADT 227

CITATION: Hanna v Saracoglu [2005] NSWADT 227 DIVISION: Retail Leases Division APPLICANTS Anthony Hanna PARTIES: Allan Hanna RESPONDENTS Tekin Saracoglu Hatice Saracoglu FILE NUMBER: 055103 HEARING DATES: 28/09/2005 SUBMISSIONS CLOSED: 28/09/2005 DATE OF DECISION: 07/10/2005

BEFORE: Fox R - Judicial Member APPLICATION: Claim for declaration of rights, obligations and liabilities under a lease - Claim for the doing of work or provision of services MATTER FOR DECISION: Principal matter LEGISLATION CITED : Retail Leases Act 1994 CASES CITED: REPRESENTATION: In person In person ORDERS: I make the following Orders, pursuant to S72 1(f) (iii), (c)(i), (2), (3), and (4); 1. Option validly exercised, term ends 7 November 2007; 2. Rent applicable from 8 November 2004 is $2,206.67 per month (plus GST if lessor has ABN) until market valuation process is completed, note that neither party has yet nominated a Valuer in accordance with clause 9 (4) (e) of Lease; 3. Premises include garage at rear of shop; 4. Lessee not liable to pay water rates until separate water meter installed at Lessors' cost; 5. Lessee must carry out further roof repairs by 30 November 2005; 6. Lessor to establish by 30 November 2005 to satisfaction of Lessees, that bond of $4,827.55 is held in interest bearing deposit on Lessees' behalf ; 7. Matter listed for further Directions 8 December 2005 at 3.15 pm, but only in relation to Orders 5 and 6 above; 8. The parties were not represented, no Order for costs is appropriate.