Freetel Communications Pty Ltd v In Eop Chung; In Eop Chung v Freetel Communications Pty Ltd [2003] NSWADT 169

CITATION: Freetel Communications Pty Ltd v In Eop Chung; In Eop Chung v Freetel Communications Pty Ltd [2003] NSWADT 169 DIVISION: Retail Leases Division APPLICANT 1 Frreetel Communications Pty Ltd APPLICANT 2 In Eop Chung PARTIES: RESPONDENT 1 In Eop Chung RESPONDENT 2 Freetel Communications Pty Ltd

FILE NUMBER: 035005 ; 035030 HEARING DATES: 16/04/2003 SUBMISSIONS CLOSED: 04/16/2003 DATE OF DECISION: 04/22/2003

BEFORE: Donald BG - Judicial Member APPLICATION: Claim for declaration of rights, obligations and liabilities under a lease - Claim for payment of money - Claim for surrender of possession of premises MATTER FOR DECISION: Principal matter LEGISLATION CITED : Retail Leases Act 1994 CASES CITED: Manly Council v Malouf [2003 ] NSWADT AP 12 Conoid Pty Limited v International Theme Park Pty Limited [1999] NSW SC 1138 APPLICANT 1 B Morris, barrister APPLICANT 2 REPRESENTATION: In person RESPONDENT 1 In person RESPONDENT 2 B Morris, barrister ORDERS: 1. Declare that there is no continuing lease of premises by the Applicant Freetel and that the Respondent Ms Chung is entitled to possession of the space occupied by Freetel.; 2. Order that upon three weeks notice from Ms Chung to Freetel requiring vacant possession, Freetel vacate the shop 23 Railway Parade, Eastwood.; 3. Application by Freetel for compensation dismissed.; 4. Cross application by Ms Chung for unpaid rent and interest dismissed. ; 5. Each party to bear their own costs.