Botts v Grimme [2001] NSWADT 14

CITATION: Botts v Grimme [2001] NSWADT 14 DIVISION: Retail Leases Division APPLICANT PARTIES: Gertrude Evans Botts RESPONDENT Heindrich Wilhelm Torsten Grimme FILE NUMBER: 005033 HEARING DATES: 10/10/2000, 11/10/2000, 23/11/2000 SUBMISSIONS CLOSED: 11/28/2000 DATE OF DECISION: 02/05/2001

BEFORE: Fox R - Judicial Member APPLICATION: Claim for relief against forfeiture MATTER FOR DECISION: Principal matter LEGISLATION CITED : Retail Leases Act 1994 CASES CITED: APPLICANT REPRESENTATION: R Angyal, Barrister RESPONDENT In person ORDERS: 1. Applicant entitled to Lease of the premises known as 249 Riley Street, being art gallery, coffee shop and residential rooms at rear and above, with common use of the rear courtyard, for a term commencing 1st April 1999 and ending 30 March 2001, with a three year option of renewal, at a monthly rental of $2,200.00, 5% increase on first 1st April 2000, market review on exercise of option, and 5% annual increases thereafter, contribution to outgoing, 50% of water and sewerage rates, all other terms as per the Law Society Lease; 2. The Applicant is to, within 28 days of this date, serve on Respondents a notice in writing either exercising the option of renewal or stating that she will vacate no later than 30th March 2001; 3. If Applicant exercises option, Lease document, in compliance with these orders, signed by Respondent, to be submitted to Applicant within 21 days of rent being agreed or established by valuation Applicant to sign and return it. Respondent within 28 days of her receipt of it, together with payment of agreed costs of drawing Lease ($800.00) and stamp duty; 4. Applicant and Respondent, within 28 days of today to jointly apply to the South Sydney Council, in writing, seeking review of fire compliance order under Section 121B-6, dated 23 December 1999, seeking further formal inspection to establish Council's requirement in view of current use of the premises as art gallery, coffee shop, and private residence; 5. Respondent not to proceed with building work which interferes in any way with the commercial or residential use of 249 Riley Street; In Botts v Grimme [2001] NSWADTAP 15 Appeal Panel makes, with the agreement of the parties, the following additional orders:; 6 As to the terms of the Law Society Lease referred to in Order 1, delete clause 10.7 from that Lease and substitute cl 38(b) of the 1994 Lease between the parties, subject to the last three words of cl 38(b) - "in clause 28", being replaced by the words -"in this Lease"; 7 As to the terms of the Law Society Lease referred to in Order 1, confirm that cl 7.4 remains applicable, but with the following additional term:; '7.5 If there is an order in existence as at 1 April 1994 compliance with that term will be the obligation of the lessor'