Subway Realty Pty Ltd v The Investment #1 Pty Ltd [2010] NSWADT 123

CITATION: Subway Realty Pty Ltd v The Investment #1 Pty Ltd [2010] NSWADT 123 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: Retail Leases Division

APPLICANT Subway Realty Pty Limited Durlabh Singh Balvir Pawar The Investment #1 Pty Limited PARTIES: RESPONDENT The Investment #1 Pty Limited Subway Realty Pty Limited Durlabh Singh Balvir Pawar

FILE NUMBER: 095223 and 105023

HEARING DATES: 12 April 2010

SUBMISSIONS CLOSED: 12 April 2010

DATE OF DECISION: 26 May 2010

BEFORE: Fox R - Judicial Member

CATCHWORDS: Exercise of option, rent arrears, interest and costs

Retail Leases Act 1994 LEGISLATION CITED : Conveyancing Act 1919 Administrative Decision Tribunal Act 1997

APPLICANT Mr Kumar (Subway) REPRESENTATION: RESPONDENT Mr Hewitt (Investment Co.)

1. In 95223, claim by Second and Third Applicants dismissed 2. In 105023, grant leave to discontinue against Second and Third Respondents ORDERS: 3. In 95223, pursuant to s72(1)(f)(iii) of the Retail Leases Act declare that option of renewal in Lease dated 27 September 2005 registered no AB934976, for premises known as ground floor, 92 Liverpool Street, Sydney validly exercised to effect a five year term commencing 1 May 2010 4. In 105023, pursuant to s72(1)(a) of the Retail Leases Act Order Respondent to pay Applicant $2,483.46 as debt for rent arrears, together with $697.43 as debt for interest on arrears pursuant to clause 5.1.5 of Annexure B to the Lease 5. Pursuant to s88 of the Administrative Decisions Tribunal Act in 95223, Respondent to pay costs of First Applicant, no order for costs in respect of Second and Third Applicants and in 105023, Applicant to pay costs of First Respondent, no order for costs in respect of Second and Third Applicants.