Khao Thai Pty Ltd -v- Coles Myer Properties Holdings Limited [2001] NSWADT 83

CITATION: Khao Thai Pty Ltd -v- Coles Myer Properties Holdings Limited [2001] NSWADT 83 DIVISION: Retail Leases Division APPLICANT PARTIES: Khao Thai Pty Ltd RESPONDENT Coles Myer Properties Holdings Ltd FILE NUMBER: 005024 HEARING DATES: 19 - 23/03/01, 5 - 6/04/01 SUBMISSIONS CLOSED: 04/06/2001 DATE OF DECISION: 05/21/2001

BEFORE: Donald B - Judicial Member APPLICATION: Claim for declaration of rights, obligations and liabilities under a lease - Claim for payment of money - Claim for relief from payment of money MATTER FOR DECISION: Principal matter LEGISLATION CITED : Retail Leases Act 1994 Taylor Farms v Kalcos (1999) BC 9900793 CASES CITED: Waltons Stores Ltd v. Maher (1988) 76 ALR 513 Prasad v Fairfield City Council (2001) NSWADT 28 APPLICANT REPRESENTATION: C Leggatt barrister RESPONDENT J Simpkins SC ORDERS: 1. Declare that from November/December 1999, Coles Myer has not complied with its obligation under the lease to Khao Thai of Shop 24LP Sydney Central Plaza not to have more than one operator of Thai and Malaysian food in the Sydney Central Plaza Food Court.; 2. Declare that Khao Thai is obliged under the lease to pay outstanding Rent, Food Court Operating Costs and Marketing Fund Contributions (if any) and to continue paying those items.; 3. By consent declare that for so long as the current tax ruling remains applicable to the lease, the lessee is not obliged to pay GST in respect of the payments under the lease the subject of the ruling.; 4.Liberty to apply for further orders resulting from determinations in these reasons including orders as to damages and costs.; 5. Applications by each party otherwise dismissed.