Parra power Tools -v- Kalcev & ors [2000] NSWADT 177

CITATION: Parra power Tools -v- Kalcev & ors [2000] NSWADT 177 DIVISION: Retail Leases Division PARTIES: FILE NUMBER: 005039 HEARING DATES: 09/11/2000 SUBMISSIONS CLOSED: 11/09/2000 DATE OF DECISION: 11/09/2000

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 CASES CITED: APPLICANT In person FIRST RESPONDENTS REPRESENTATION: In person

SECOND RESPONDENTS G Brady, solicitor ORDERS: 1. Declare that the lease requires that: (i) all delivery of jet ski craft from trucks be confined to locating the delivery truck on the nature strip (ii) the lessor is obliged to require any customers parking with craft in the access point immediately to move to ensure they do not remain in that location (iii) the lessor is required to install proper exhaust control within its workshop, and undertake to the lessee to direct both exhaust and noise direction back into the workshop and away from the common areas (iv) the crate and pallet rubbish must be located on the western end of the premises adjacent to the jet ski business premises, but so as clearly not to impede the westerly driveway access and exit (v) the management of the rubbish areas be such that the lessor implements its acknowledged obligation to require its other tenant, and to manage its own affairs, such that rubbish does not flow on to the carparking spaces allocated to the lessee; 2. No order as to costs.