Rolet -v- Baron [2002] NSWADT 136

CITATION: Rolet -v- Baron [2002] NSWADT 136 DIVISION: Retail Leases Division APPLICANT PARTIES: Eddy Sylvian Marcel Rolet t/a Survivors of Child Abuse-Supporters Survivors RESPONDENT Ken Baron FILE NUMBER: 015102 HEARING DATES: 21/06/02 SUBMISSIONS CLOSED: 06/21/2002 DATE OF DECISION: 08/09/2002

BEFORE: Fox R - Judicial Member APPLICATION: Claim for payment of money MATTER FOR DECISION: Jurisdiction LEGISLATION CITED : Retail Leases Act 1994 CASES CITED: Cathay Developments Pty Ltd v. Laser Entertainment Pty Ltd Matter No 4697/97 [1998] NSWSC 82 (25 March 1998) APPLICANT In person REPRESENTATION: RESPONDENT G Gordon, solicitor INTERVENER K Carlsund, registrar of Retail Tenancies Unit ORDERS: 1. Application dismissed - no jurisdiction - Section 6 (1)(a) Retail Leases Act.; 2. No order for costs.

1 The hearing in these proceedings was limited to the question of jurisdiction, it being apparent that Section 6 (1)(a) might well apply to place the letting outside of the ambit of the Act. 2 Mr Rolet appeared for himself, and Mr Baron was represented by Mr Gordon, Solicitor of E H Tebbutt and Sons. 3 The Registrar of Retail Tenancy Units intervened pursuant to Section 65(2) 4 I had before me affidavit evidence from Mr Rolet and Mr Baron, and both gave oral evidence and were subject to cross-examination. 5 I am satisfied that both Mr Rolet and Mr Baron are witnesses of truth, and I accept their evidence as honestly given. 6 There was no controversy about the term of the tenancy, it commenced on 18 April 2000 and was terminated by lock out on 22 December 2000. 7 In order to place to whole matter in context it is appropriate to first observe that there was a dispute in relation to a payment to $400.00 alleged to have been made around 18 April 2000, but there was no dispute in relation to subsequent payments of rent at a rental of $100.00 per week as follows:- Date Of Payment Amount Date Paid To 4 August 2000 $200.00 18 August 2000 18 August 2000 $200.00 1 September 2000 1 September 2000 $400.00 14 September 2000 15 September 2000 $200.00 29 September 2000 6 October 2000 $200.00 13 October 2000 13 October 2000 $200.00 27 October 2000 30 October 2000 $200.00 10 November 2000 16 November 2000 $200.00 24 November 2000 27 November 2000 $200.00 8 December 2000