Cronulla Newsagency Pty Limited v Pizzata & Ors [2002] NSWADT 121

CITATION: Cronulla Newsagency Pty Limited v Pizzata & Ors [2002] NSWADT 121 DIVISION: Retail Leases Division APPLICANT Cronulla Newsagency Pty Limited PARTIES: RESPONDENTS Carmela Pizzata Michael Pizzata Angela Moniaci FILE NUMBER: 015104; 015116 HEARING DATES: 04/03/02-05/03/02, 07/05/02 SUBMISSIONS CLOSED: 06/17/2002 DATE OF DECISION: 07/15/2002

BEFORE: Montgomery S - 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 Conveyancing Act 1919 LEGISLATION CITED : Corporations Act 2001 (Cth) Land Titles Legislation Amendment Act 2001 Retail Leases Act 1994 Shephard & Ors v All Steel Services Ltd & Anor, High Court of New Zealand, 12 October 2000 Feltex New Zealand Ltd v Nielsen Property Management Ltd (1974) 2 NZLR 292 CASES CITED: Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Royal Botanic Gardens and Domain Trust v Sydney City Council [2002] HCA 5 Flagstaff Investments Pty Limited v Cross Street Investments Limited [1999] NSWSC 999 APPLICANT REPRESENTATION: K Tapsell, solicitor RESPONDENTS P Dodson, barrister ORDERS: Orders made 17/06/02; 1.The matter is listed for further hearing in relation to outstanding issue at 10 am on 26 July 2002.; 2. The parties are invited to make submissions in regard to quantum based on these findings. Any submissions on which the parties propose to rely in relation to quantum are to be filed and served by 12 July 2002.; 3. If the parties are able to reach agreement in relation to the appropriate quantum, orders will be made in accordance with that agreement.