Wilson v Sydney Markets Limited (No 2) [2009] NSWADT 281

CITATION: Wilson v Sydney Markets Limited (No 2) [2009] NSWADT 281

DIVISION: Retail Leases Division

APPLICANT William Wilson PARTIES: RESPONDENT Sydney Markets Limited

FILE NUMBER: 095163

HEARING DATES: 26 and 29 October 2009

SUBMISSIONS CLOSED: 10 November 2009

DATE OF DECISION: 11 November 2009

BEFORE: Fox R - Judicial Member

CATCHWORDS: S61, core trading hours

LEGISLATION CITED : Retail Leases Act 1994 Administrative Decisions Tribunal Act 1997

CASES CITED: Manly Council v Malouf (2004) 61 NSWLR 394 Wilson v Sydney Markets Limited [2009] NSWADT 256

APPLICANT D Williams SC REPRESENTATION: RESPONDENT R Carruthers, barrister

1Declare that:-a. Applicant's Occupancy Agreement for the shop conducted from stalls 234, 235 and 236 at Sydney's Paddy's Markets is a Retail Shop Lease in terms of the Retail Leases Act. b. Sydney's Paddy's Markets is a retail shopping centre in terms of the Retail Leases Act. c. Section 61 of the Retail Leases Act imports its words into the Applicant's Occupancy Agreement. d. the Wednesday trading proposed by the Respondent is a change in the Applicant's core trading hours within the terms of the words imported into his Occupancy Agreement by s61 of the Retail Leases Act ORDERS: e. the Respondent cannot require the Applicant to vacate stalls 234, 235 and 236 on Wednesdays, for Wednesday trading by others until the Respondent has the approval in writing of a majority of the traders who are permanent stallholders trading at Sydney's Paddy's Markets f. the Respondent may not change the core trading hours of Sydney's Paddy's Markets to include Wednesday trading between 9am to 5pm until it has the approval in writing of a majority of the traders who are permanent stallholders trading at that venue. g. the introduction or the advertising or promotion of Wednesday trading to stallholders in Paddy's Haymarket is to clearly indicate that if such trading requires traders who are permanent stallholders to vacate their stands for Wednesdays, then such trading cannot take place until a majority of traders who are permanent stallholders vote to trade on that day. h. the approval in writing is to be by way of a secret ballot, one vote per trader, which is to be conducted at such times as Applicant and Respondent may agree, or if they cannot agree, as directed by me, on application of either party on 12 November 2009 at 2pm 2.Listed for further directions on 12 November 2009 at 2pm.