NSW Caselaw
CITATION: Simonek Pty Ltd v Moon [2008] NSWADT 128
DIVISION: Retail Leases Division
APPLICANT Simonek Pty Ltd PARTIES: RESPONDENT Hee Kyung Moon
FILE NUMBER: 075188
HEARING DATES: 3 April 2008, 22 April 2008
SUBMISSIONS CLOSED: 22 April 2008
DATE OF DECISION: 1 May 2008
BEFORE: Fox R - Judicial Member
CATCHWORDS: Arrears of rent - forfeiture of bond and interest in costs
MATTER FOR DECISION: Principal matter
LEGISLATION CITED : Administrative Decisions Tribunal 1997 Retail Leases Act 1994
CASES CITED: Cripps & Anor v G & M Dawson Pty Limited [2006] NSWCA 81
APPLICANT A Stack, solicitor REPRESENTATION: RESPONDENT In person
1. Pursuant to section 72(a)(1) of the Retail Leases Act 1994 Respondent Lessee to pay to Applicant Lessor: a. The sum of $49,392.71 by way of debt and ORDERS: b. In the sum of $2,305.00 by way of interes 2. Pursuant to section 72(f)(4) of the Retail Leases Act 1994 the Applicant Lessor entitled to receive security bond in the sum of $9,056.67 3. Pursuant to section 72(f)(3) of the Retail Leases Act 1994, the Respondent Lessee liable to pay to the Applicant Lessor the sum of $141.40 for each and every day after 23 April 2008 during which the Respondent Lessees goods remain within the premises being Shop 2, (Cnr) 38-40 George Street, Parramatta 4. Pursuant to section 88 of the Administrative Decisions Tribunal Act 1997 Respondent Lessee to pay to Applicant Lessor costs of preparing for and attending at hearing and 3 April 2008, on a party/party basis.
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