Trustees of the Pious Society of St Charles v Vodap Pty Ltd & Ors [2004] NSWADT 71

CITATION: Trustees of the Pious Society of St Charles v Vodap Pty Ltd & Ors [2004] NSWADT 71 DIVISION: Retail Leases Division APPLICANT Trustees of the Pious Society of St Charles FIRST RESPONDENT Vodap Pty Ltd SECOND RESPONDENT PARTIES: VIncenzo Macchia THIRD RESPONDENT Ornella Macchia FOURTH RESPONDENT Domenico Macchia FIFTH RESPONDENT Adriano Macchia FILE NUMBER: 035023 HEARING DATES: 17/10/2003, 9/12/2003 SUBMISSIONS CLOSED: 12/09/2003 DATE OF DECISION: 04/15/2004

BEFORE: Montgomery S - Judicial Member APPLICATION: Claim for payment of money - Claim for rectification of the lease MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Prasad & Anor -v- Fairfield City Council [2000] NSWADT 164 Prestige Land Developments Pty Ltd v Eagle Hotels Pty Ltd (1996) NSW ConvR ¶55-764 CASES CITED: SO Lovely Foods Pty Ltd v Macquarie Bank Ltd Commercial Tribunal of NSW, 28 March 1996 unreported State Rail Authority of New South Wales v Ferreri (1990) NSW ConvR 55-512 Tanzone v Westpac [1999] NSWSC 478 APPLICANT REPRESENTATION: J Hollier, solicitor RESPONDENT S Underwood, solicitor ORDERS: 1.The application brought by the Trustees of the Pious Society of St. Charles is dismissed.; 2.In the absence of any agreement between the parties in relation to the amount that Vodap should be entitled to recover in relation to the cost of cleaning, each party is invited to file further evidence and submissions. Any further material on which Vodap relies is to be filed and served within 14 days of these reasons. Any material that the Applicant wishes to provide in reply is to be filed and served within 28 days of these reasons.; 3.Each party is invited to file written submissions in relation to the issue of costs within 28 days of the date of these reasons.; 4.Leave is granted to either party to have the matter relisted for further hearing on the matters that remain outstanding. Any application for relisting is to be filed within 28 days of the date of these reasons.