Taibud Pty Limited -v- Zol [2003] NSWADT 33

CITATION: Taibud Pty Limited -v- Zol [2003] NSWADT 33 DIVISION: Retail Leases Division APPLICANTS (1)Taibud Pty Limited PARTIES: (2) Walter Zol RESPONDENT (1) Aquilina Zol and Maria Zol (2) Taibud Pty Limited FILE NUMBER: 015120; 025058 HEARING DATES: 17, 18, 19 June 2002 SUBMISSIONS CLOSED: 06/19/2002 DATE OF DECISION: 02/28/2003

BEFORE: Hole M - Judicial Member APPLICATION: Claim for declaration of rights, obligations and liabilities under a lease MATTER FOR DECISION: Principal matter LEGISLATION CITED : Conveyancing Act 1919 Retail Leases Act 1994 Nessmine Pty Limited v Devuzo Pty Limited (1989) NSW ConvR 55-496; Rethmeier v Pioneer House Pty Limited (1990) 6 BPR 13; CASES CITED: Lolly Pops (Harbourside) Pty Limited v Werncog Pty Limited (1989) 9 BPR 16,361; Flagstaff Investments Pty Limited v Cross Street Investments Pty Limited (1999) 9 BPR 17,067; Reilly v Liangis Investments Pty Limited (2000) 9 BPR 17,509; B S Stillwell & Co. Pty Ltd v Budget Rent-a-Car System Pty Ltd (1990) VR 589 REPRESENTATION: M Walton, Barrister G Blake, Barrister ORDERS: 1. The notice dated 30 June 1999 served on the Lessee by the Lessor has no further effect; 2. The notice dated 24 June 2000 served on the Lessee by the Lessor in so far as the second paragraphs therein being (a) and (c) have no effect; 3. The second paragraph (b) in the notice dated 24 January 2000 can no longer be relied upon by the lessor; 4. The notice dated 1 March 2000 served on the Lessee by the Lessor has no effect.; 5. The notice of termination served on the Lessee by the Lessor dated 5 November 2001 is of no effect.; 6. The application by the lessor in matter number 025028 in relation to items 2 and 3 of their claim filed on 15 May 2002 was settled during the course of the proceedings.