NSW Caselaw
Set aside by Appeal : Set aside by appeal on 3/12/04 : World Best Holdings Limited v Abul Sarker [2004] NSWSC 1164
CITATION: Sarker v World Best Holdings Ltd, World Best Holdings Ltd v Sarker (No.3) [2004] NSWADT 119 DIVISION: Retail Leases Division FIRST APPLICANT, SECOND RESPONDENT PARTIES: Abul Sarker FIRST RESPONDENT, SECOND APPLICANT World Best Holdings Ltd FILE NUMBER: 035087; 035100 HEARING DATES: 05/04/2004-07/04/2004 SUBMISSIONS CLOSED: 04/29/2004 DATE OF DECISION: 06/25/2004
BEFORE: Donald BG - Judicial Member; Fagg N - Non Judicial Member; Griffiths G - Non Judicial Member APPLICATION: Claim for payment of money - Claim for rectification of the lease - Unconscionability MATTER FOR DECISION: Principal Matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Conveyancing Act 1919 Retail Leases Act 1994 Sarker v World Best Holdings Ltd (No.2) [2004] NSW ADT 15. Marshall v Council of the Shire of Snowy River (1994) Butterworths Property Reports 14,447 The Progressive Mailing House Pty Ltd v Tabali Pty Ltd (1985) 157 CLR 17, CASES CITED: Laurinda Pty. Limited v. Capalaba Park Shopping Centre Pty. Limited (1989) 166 CLR 623 Shevill v. Builders Licensing Board (1982) 149 CLR 620, at pp 625-626 Carswell v. Collard (1893) 20 R (HL) 47 Forslind v. Bechely-Crundall (1922) SC (HL) 173 Carr v. J.A. Berriman Pty. Ltd. (1953) 89 CLR 327 FIRST APPLICANT, SECOND RESPONDENT REPRESENTATION: M. Ashhurst, barrister FIRST RESPONDENT, SECOND APPLICANT M. Ellicott, barrister ORDERS: 1. Declare that Lease between World Best Holdings Ltd and Abul Sarker commencing 1 July 2003 has been duly terminated by the Lessee; 2. World Best Holdings Ltd to pay Abul Sarker as compensation for unconscionable conduct and for repudiation of the Lease $80,630.77 within 30 days together with interest at 9% from 14 February 2004 until date of payment; 3. World Best Holdings Ltd to pay Abul Sarker within 30 days two-thirds of his legal costs from 27 July 2003 to the date of this decision where rendered on the same basis as the costs set out in the Affidavit of Abul Sarker sworn 6 January 2004 filed herein
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate