NSW Caselaw
CITATION: Richardson v Lockevo Pty Ltd [2010] NSWADT 305
DIVISION: Retail Leases Division
APPLICANT Michael Richardson PARTIES: RESPONDENT Lockevo Pty Ltd
FILE NUMBER: 105133
HEARING DATES: 11 November 2010
SUBMISSIONS CLOSED: 11 November 2010
DATE OF DECISION: 23 December 2010
BEFORE: Fox R - Judicial Member
CATCHWORDS: Section 19 valuation
LEGISLATION CITED : Retail Leases Act 1994
Adwell Holdings Pty Ltd v Bourne (2007) NSWSC 170 CASES CITED: Beale v Government Insurance Office of New South Wales(1997) 48 NSWLR 430 Frumar v Owners of Strata Plan 36957 [2006] NSWCA 278 at par 45 Perri v Exego Pty Ltd [2009] NSWADT 170
APPLICANT Mr Kent, solicitor REPRESENTATION: RESPONDENT Mr Breisch, solicitor
ORDERS: 1 Declare, pursuant to Section 72 (1)(f)(iii) of the Retail Leases Act 1994, that the parties are not bound by the "current market rental" valuation by Kirk Robert May dated 16th July2010, of premises at Unit 1/334 Wagga Road, Lavington, because it is not a valuation for the purposes of Section 19 of that Act 2 No order for costs.
REASONS FOR DECISION
1 This matter commenced as an application under s32A of the Retail leases Act 1994 for the review of a determination of current market rent made by Specialist Retail Valuer Kirk Robert May on 16th July 2010 of factory premises at Unit 1/334 Wagga Road Lavington NSW pursuant to his appointment by this Tribunal on 3rd June 2010, in accordance with s19. [see. Application 105029]
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