Davies v Lyndhurst Developments Pty Ltd [2001] NSWADT 9

CITATION: Davies v Lyndhurst Developments Pty Ltd [2001] NSWADT 9 DIVISION: Retail Leases Division APPLICANT PARTIES: Jane Ann Davies RESPONDENT Lyndhurst Developments Pty Ltd FILE NUMBER: 995021 HEARING DATES: 13/10/2000 SUBMISSIONS CLOSED: 10/13/2000 DATE OF DECISION: 01/12/2001

BEFORE: Fox R - Judicial Member APPLICATION: Jurisdiction - Right of Registrar of Retail Tenancy Disputes to appear MATTER FOR DECISION: Application by Respondent: strike-out Applicant's amended claim; strike-out appearance of Registrar of Retail Tenancy Unit; strike-out Applicant's claim generally LEGISLATION CITED : Retail Leases Act 1994 CASES CITED: REPRESENTATION: In person A McInerney, barrister ORDERS: 1. Respondent's application to strike-out Applicant's amended claim dismissed; 2. Respondent's application to strike-out appearance of Registrar of Retail Tenancy Dispute dismissed.; 3. Application by Registrar of Retail Tenancy Disputes for Declarations dismissed.; 4. Respondent ordered to:; (i) Make accounting records available to Applicant within 21 days- being records for the period from 1st October 1994 to 30th June 1995; (ii) Applicant, within 7 days of inspection to submit list of discrepancies (if any) to Respondent (and Respondent's accountant); (iii) Accountant within 14 days to respond by way of statement addressing such discrepancies, such statement also to indicate whether the audit certificate of 30th August 2000 complies with the requirements of Section 27 Retail Leases Act as it applied at that time. ; 5. Matter now to be listed for further Directions on 22 January 2001