Bonzalie v Ersoy [2010] NSWADT 81

CITATION: Bonzalie v Ersoy [2010] NSWADT 81

DIVISION: General Division

APPLICANT Eddie Bonzalie PARTIES: RESPONDENT Aslihan Ersoy and Neslihan Ersoy

FILE NUMBER: 095091

HEARING DATES: 20 January 2010

SUBMISSIONS CLOSED: 3 March 2010

DATE OF DECISION: 24 March 2010

BEFORE: Rickards K - Judicial Member

CATCHWORDS: Termination of lease - subrogation

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997

Speno Rail Maintenance Australia Pty Ltd -v- Metals & Minerals Insurance Pte Ltd (2009)WASCA31 CASES CITED: Insurance Commission (WA) –v- Kightly (2005) WASCA 154 Caledonian North Sea Ltd –v- Norton(No.2)Ltd (2002)UKHL 41

APPLICANT In person REPRESENTATION: RESPONDENT C Koyuncu solicitor

ORDERS: 1.The Application is dismissed 2.Unless either party files written submissions as to costs within 14 days, there will be no order as to costs. If either party does file written submissions within 14 days, a copy of such submissions is to be served upon the party before or at the same time as filing, and the other party is to file and serve any written submissions as to costs within 14 days. Unless reasons are advanced for a hearing will be conducted, the matter will be resolved "on the papers" pursuant to Section 76 of the Administrative Decisions Tribunal Act.

REASONS FOR DECISION

Background

1 The Applicant in these proceedings, Mr Eddie Bonzalie, is the lessor of premises located at 195 Great Western Highway, Wentworth Falls. The Respondents, Aslihan and Neslihan Ersoy, are lessees of these premises upon which they conduct a take away food business which was purchased from Mr Bonzalie in early 2005. Mr Bonzalie is hereafter referred to as "the Lessor" and the Ersoy sisters referred to as "the Lessees".