NSW Caselaw
CITATION: Ull Pty Ltd v Adwell Holdings Pty Ltd and Adwell Holdings Pty Ltd v Ull Pty Ltd [2009] NSWADT 246
DIVISION: Retail Leases Division
Applicant in 065130: Ull Pty Ltd
Respondent in 065130: Adwell Holdings Pty Ltd PARTIES: Applicant in 065045: Adwell Holdings Pty Ltd
Respondent in 065045: Ull Pty Ltd
FILE NUMBER: 065130; 065045
6 December 2007 HEARING DATES: 7 December 2007 4 February 2008
SUBMISSIONS CLOSED: 8 May 2008
DATE OF DECISION: 24 September 2009
BEFORE: Olsson E, SC - Deputy President; Fagg N - Non-Judicial Member
CATCHWORDS: Unconscionability, reasonable market valuation
LEGISLATION CITED : Retail Leases Act 1994
CASES CITED: AG v World Best Holdings Ltd [2005] 63 NSWLR 557
Applicant Representative: Mr Spring for Ull Pty Ltd REPRESENTATION: Respondent Representative: Mr B Sharpe for Adwell Holdings Pty Ltd
1. Amended application by Ull Pty Ltd dismissed. ORDERS: 2. Order in favour of the Respondent Adwell Holdings Pty Ltd on its application in the sum of $3,237.88 plus interest from 22nd January 2006. 3. No order as to costs.
REASONS FOR DECISION 1. This matter arose from a relationship between Adwell Holdings Pty Ltd ( Adwell) which was, at all material times, the registered proprietor and lessor of premises known as West Gosford Shopping Centre, 299 Brisbane Water Drive, Gosford, New South Wales ( the premises ) and Ull Pty Ltd ( Ull ) which carried on, at all material times, the business of a newsagency.
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