Makris v Lafiatis [2007] NSWADT 143

CITATION: Makris v Lafiatis [2007] NSWADT 143

DIVISION: Retail Leases Division

APPLICANT Zois Makris PARTIES: RESPONDENT George Lafiatis Vicki Lafiatis

FILE NUMBER: 075035

HEARING DATES: 24 May 2007

SUBMISSIONS CLOSED: 24 May 2007

EXTEMPORE DECISION DATE: 24 May 2007

DATE OF DECISION: 28 June 2007

BEFORE: Rickards K - Judicial Member

CATCHWORDS: Claim for declaration of rights, obligations and liabilities under a lease - Claim for payment of money

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Retail Leases Act 1994

APPLICANT S Konstantinidis, solicitor REPRESENTATION: RESPONDENT No appearance

ORDERS: 1. I declare that a Retail Shop Lease exists between George and Vicki Lafiatis as Lessor and Zois Makris as Lessee in respect of the premises known as 320 Bronte Road, Waverley and being the whole of the land comprised in Certificate of Title Folio Identifier 4/442494, and that the terms of such Retail Shop Lease are in accordance with the Lease marked 'A' and attached to the Application; 2. I order the Respondent to provide to the Applicant a properly executed and registered lease in accordance with Order 1 to the Applicant within 14 days; 3. I order the Applicant to file and serve within 28 days, any further draft Orders which he seeks to be made by the Tribunal in the event of default of Order 2; 4. I order the law firm Neil Scott Lawyers to produce to the Tribunal within 14 days all documents relating to the premises at 320 Bronte Road. Waverley relating to the lease agreement between the Applicant and the Respondent including lease documents, disclosures and stamp duty receipts but not including any confidential communications; 5. In default of compliance by the Respondent with Order 2, the Tribunal may make such further orders to give effect to Order 2 or to effect registration of a lease in accordance with these Orders, without a further hearing, as it considers necessary; 6. I order that the Applicant may at his own option pay future rent and outgoings by forwarding payment by ordinary post to the Respondent at 1 Scott Circle, Salamander Bay NSW, or to such agent as from time to time may be nominated in writing by the Respondent; 7. I declare that the Applicant has, as at the date of the making of these orders, complied with all of the Lessee's obligations pursuant to the Lease agreement in respect of payment of rent and outgoings; 8. I order that the Respondent pay to the Applicant the sum of $29,750 being rental income received by the Respondent in respect of the premises in breach of the lease agreement; 9. I order that the Respondent provide vacant possession of the entire premises to the Applicant forthwith; 10.In default of compliance with Order 9, I declare that the Applicant is entitled the payment from the Respondent or credit against rent payable to the Respondent pursuant to and during the currency of the lease agreement, of a sum equivalent to all rent receivable by the Respondent from any other person occupying the premises; 11. By consent of the Applicant, I order that the Application be amended by deleting paragraphs 6.3 and 7; 12. The Applicant must file and serve any submissions as to costs within 42 days, failing which there will be no order as to costs.