Rafaraci v Suitable Systems Pty Ltd [2002] NSWADT 250

CITATION: Rafaraci v Suitable Systems Pty Ltd [2002] NSWADT 250 DIVISION: Retail Leases Division APPLICANT PARTIES: Vincenzo Rafaraci RESPONDENT Suitable Systems Pty Ltd FILE NUMBER: 025053 HEARING DATES: 16/08/02, 20/08/02 SUBMISSIONS CLOSED: 08/20/2002 DATE OF DECISION: 11/28/2002

BEFORE: Montgomery S - Judicial Member APPLICATION: Claim for declaration of rights, obligations and liabilities under a lease - Claim for relief against forfeiture - Claim for relief from payment of money MATTER FOR DECISION: Principal matter LEGISLATION CITED : Retail Leases Act 1994 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT M Lloyd, agent ORDERS: 1. The Applicant is entitled to credits for amounts totalling $4758.26. ; 2. The Respondent is entitled to credit for an amount of $912.18. ; 3. The outgoings for which the Applicant is liable are either GST inclusive or GST exempt. The Applicant has no further GST liability with respect to those items.; 4. The Applicant is liable to pay rent for the period 1 August 2001 to 31 July 2002 at the rate of $40,154.36 per annum GST inclusive. The Applicant is liable to pay rent arrears of $2,379.60 for that period. The Applicant is liable to pay rent for the period from 1 August 2002 at the rate of $41,284.63 per annum, GST inclusive, payable by monthly instalments of $3,440.38.; 5. Orders preventing the Respondent from taking enforcement action in relation to the Notice to Quit are revoked. 5. Orders preventing the Respondent from taking enforcement action in relation to the Notice to Quit are revoked.