Makhoul v Petria Pty Ltd [2004] NSWADT 51

Set aside by Appeal : Set aside in part by Appeal 1/11/2004 (Petria Pty Limited v Makhoul [2004] NSWADTAP 47)

CITATION: Makhoul v Petria Pty Ltd [2004] NSWADT 51 DIVISION: Retail Leases Division 1. APPLICANT Edward Makhoul RESPONDENT PARTIES: Petria Pty Limited 2. APPLICANT Petria Pty Limited RESPONDENT Edward Makhoul FILE NUMBER: 035090, 035146 HEARING DATES: 10/11/2003, 28/01/2004 SUBMISSIONS CLOSED: 01/28/2004 DATE OF DECISION: 03/10/2004

BEFORE: Fox R - Judicial Member APPLICATION: Claim for declaration of rights, obligations and liabilities under a lease MATTER FOR DECISION: Principal matter LEGISLATION CITED : Conveyancing Act 1919 Retail Leases Act 1994 Cronulla Newsagency v Pizzata [2002] NSWADT 121 CASES CITED: Davies v Lyndhurst [2000] NSWADT 196 Punya v Corantin [2000] NSWADT 161 Waltons Stores (Interstate) Pty Ltd v Maher [1988] 164 CLR 387 1. APPLICANT R Lee, barrister 2. APPLICANT REPRESENTATION: G Sirtes, barrister 1. RESPONDENT G Sirtes, barrister 2. RESPONDENT R Lee, barrister ORDERS: 1. Petria Pty Limited obliged to tender to Edward Makhoul:- Lease in accordance with Option of Renewal contained in Lease registered as 2767538U; 2. Leased premises are the whole of the former Lot B DP 437525, subject to right of others to use southern side passage, and noting Lessor's right to vary the two carparking spaces at rear; 3. Rent not determined, but such rent as is determined to take into account the expenditure of applicant on those items listed in letter 30th May 2001 which are either refurbishment to the building or are otherwise fixtures; 4.Both parties have liberty to apply within 28 days to argue costs, if no application in that time, no order for costs