Rose v Batson Holdings Pty Ltd & Anor [2004] NSWADT 268

CITATION: Rose v Batson Holdings Pty Ltd & Anor [2004] NSWADT 268 DIVISION: Retail Leases Division APPLICANT PARTIES: John Emmanuel Rose RESPONDENTS Batson Holdings Pty Limited and Laundy Investments Pty Limited FILE NUMBER: 035020 HEARING DATES: 20/07/2004, 13/08/2004 & 6/10/2004 SUBMISSIONS CLOSED: 11/29/2004 DATE OF DECISION: 12/16/2004

BEFORE: Molloy GB - Judicial Member APPLICATION: Claim for surrender of possession of premises MATTER FOR DECISION: Principal matter Conveyancing Act 1919 LEGISLATION CITED : Liquor Act 1982 Retail Leases Act 1994 Batson Holdings v. Rose [2002] NSW ADT 110 Batiste v. Lenin (BC200206073) Hayes v. Gunbola Limited (1988) NSW ConvR Hyman v. Rose (1912) AC 623 Ladies Sanctuary Pty Limited v. Parramatta Property Investments Limited (BC 9700399) CASES CITED: Lam Kee Ying SDN BHD v. Lam Shes Tong (1975) AC 247 Love v. Gemma Nominees Pty Limited (1983) ANZ ConvR McDrury v. Luporini (2000) 1 NZLR 652 Mir Bros Projects Pty Limited v. 1924 Pty Limited (1980) 2 NSWLR Shiloh Spinners Ltd v. Harding (1973) AC 691 Southern Depot Company v. British Railways Board & Anor (1990) 2 EGLR 39 Stieper v. Deviot Pty Limited (1977) 2 BPR 9602 APPLICANT S W Balafoutis, barrister REPRESENTATION: FIRST & SECOND RESPONDENTS J K Chippindale, barrister ORDERS: 1. A Declaration pursuant to Retail Leases Act Section 72(1)(f)(iii) that the Applicant is entitled to terminate Lease registered 0542508 between the Applicant as Lessor and the First Respondent as Lessee in respect of the premises at Ground Floor, 724 Darling Street Rozelle, being Lot 2 in Strata Plan 69876, forthwith; 2. Order that the Second Respondent forthwith give up vacant possession of the premises to the Applicant; 3. I stand over for further consideration the relief sought in the Amended Application 035020 paragraphs 3 and 4; 4. Liberty is granted to either party to apply generally and to restore these proceedings and matters numbered 25027 and 35144 to the list before me (subject to availability) by application to the Registrar and on 7 days notice; 5. Costs reserved.