Lituma Pty Limited v Jafari [2005] NSWADTAP 37

Appeal Panel - Internal

CITATION: Lituma Pty Limited v Jafari [2005] NSWADTAP 37 APPELLANT PARTIES: Lituma Pty Limited RESPONDENT Zahra Jafari FILE NUMBER: 059021 HEARING DATES: 20/06/2005 SUBMISSIONS CLOSED: 06/20/2005 DATE OF DECISION: 07/20/2005

Lituma Pty Limited v Jafari [2005] NSWADT 64 DECISION UNDER APPEAL: BEFORE: Chesterman M - ADCJ (Deputy President); Donald BG - Judicial Member; Weule B - Non Judicial Member CATCHWORDS: Claim for assignment of rights under a lease/ declaration lessor not entitled to withhold consent to an assignment of rights - statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 055016, 055024 DATE OF DECISION UNDER APPEAL: 03/24/2005 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Conveyancing Act 1919 Law of Property Act 1925 (UK) Retail Leases Act 1994 Holden v Blaiklock [1974] 2 NSWLR 262 CASES CITED: Lituma Pty Ltd v Jafari [2005] NSWADT 64 Plymouth Corporation v Harvey [1971] 1 All ER 623 REPRESENTATION: A Monzo, barrister F Hicks, barrister ORDERS: 1. Appeal dismissed; 2. Vary the Tribunal's Order (2), made on 24 March 2005, by deleting 'make the payments set out in cl.1(b) and (c) of the Deed on 26 November 2004 at 2pm' and substituting 'comply with any of the provisions of cl.1(b), (c) or (d) of the Deed'; 3. Vary the Tribunal's Order (4) by deleting 'on 7 April 2005 at 11 a.m.' and substituting 'at a date and time to be fixed by the Registry and communicated to the parties'; 4. Unless an application with supporting submissions is filed in the Tribunal within 28 days, there will be no order on the costs of this appeal. If any such application is filed, the opposing party's submissions must be filed within a further 28 days. In the absence of any request for a hearing, the matter will be determined 'on the papers', under s 76 of the Administrative Decisions Tribunal Act 1997.