Gizah Pty Limited -v- AXA Trustees Limited [2001] NSWADT 116

CITATION: Gizah Pty Limited -v- AXA Trustees Limited [2001] NSWADT 116 DIVISION: Retail Leases Division APPLICANT PARTIES: Gizah Pty Limited RESPONDENT AXA Trustees Limited FILE NUMBER: 005052 HEARING DATES: 07/06/2001, 08/06/2001 SUBMISSIONS CLOSED: 06/08/2001 DATE OF DECISION: 07/12/2001

BEFORE: Molloy GB - Judicial Member APPLICATION: Claim for compensation for pre lease misrepresentations - Claim for declaration of rights, obligations and liabilities under a lease MATTER FOR DECISION: Principal matter LEGISLATION CITED : Retail Leases Act 1994 CASES CITED: APPLICANT REPRESENTATION: C Newlinds, barrister RESPONDENT H Woods, barrister ORDERS: 1. The lease executed by the Applicant as Lessee and the Respondent as Lessor in respect of premises being part Folio Identifier 3/789759 and being Shop 8, Food Court, Level 7, MMI Centre, 2 Market Street, Sydney and commencing 5 January 2000 be and is hereby terminated as at the date of this order; 2. The Applicant vacate the said shop as at the date of this order; 3. Upon the vacation and termination of the said lease neither party to that lease be under further liability to the other thereunder; 4. The Respondent pay to the Applicant damages in the sum of $132,976.00; 5. Leave granted to the Applicant to re-list this matter before me within fourteen days of the date of this order to argue either or both of the following issues: (a) whether the Respondent should pay interest upon the damages so ordered; (b) whether the Respondent should pay the costs of the Applicant of the whole matter, or any part of the matter; Should the Applicant re-list to argue either or both of the above issues then such argument will be limited to the issue or issues the subject of the re-listing. In the event that the Applicant does not re-list for argument on the question of interest, then no interest will be payable; in the event that the Applicant does not re-list on the argument that the Respondent pay the Applicant's costs then there will be no order for costs.