NSW Caselaw
CITATION: Ormed Investments Pty Ltd v McCurley [2009] NSWADT 309
DIVISION: Retail Leases Division
APPLICANT Ormed Investments Pty Limited PARTIES: RESPONDENTS Emily Elizabeth McCurley Steven Leslie McCurley
FILE NUMBER: 085176
HEARING DATES: On the papers
DATE OF DECISION: 10 December 2009
BEFORE: Bluth D - Judicial Member
CATCHWORDS: Commencing date of Lease
LEGISLATION CITED : Retail Lease Act 1994
Arkbay Investments Pty Ltd v Habib & Ozvic Enterprises Pty Ltd [2003] NSWADT 143 Aspromonte Pty Ltd v Zagari (1999) 9 BPR 17,247 CASES CITED: Boz v Dadoun & Anor [2007] NSWADT 113 Duncan's Catering Pty Limited v Bankstown City Council [2006] NSWADTAP 1 Prasad & Anor v Fairfield City Council [2000] NSWADT 164 Lin v State Rail Authority of NSW [2005] NSWADT 131
APPLICANT I Love, solicitor REPRESENTATION: RESPONDENT S Campbell, solicitor
1.The Applicants retail tenancy claim for unpaid rent and loan moneys granted ORDERS: 2. The Applicant submit draft Orders based on the determination of the issues by this decision by 20 January 2010 3. Proceedings 085176 are listed for submission of draft orders based on the determination of the issues of commencement of the Lease and the Loan Agreement on 3 February 2010 at 9:30am.
REASONS FOR DECISION
Background
1 The Applicant has submitted two affidavits of Mr Makan, being the Director of the Applicant company, sworn 7 November 2008 and 23 April 2009 as well as two affidavits from Mr Love, being the solicitor on behalf of the Applicant, sworn 1 April 2009 and 28 July 2009.
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