Behl v Hurstville Retail Pty Ltd [2010] NSWADT 211

CITATION: Behl v Hurstville Retail Pty Ltd [2010] NSWADT 211

DIVISION: Retail Leases Division

APPLICANT Saurabh Behl

CROSS APPLICANT Hurstville Retail Pty Ltd PARTIES: RESPONDENT Hurstville Retail Pty Ltd

CROSS RESPONDENT Saurabh Behl

FILE NUMBER: 095079 and 095097

HEARING DATES: 27 August 2009

SUBMISSIONS CLOSED: 19 December 2009

DATE OF DECISION: 25 August 2010

BEFORE: Olsson E, SC - Deputy President; Harrison B - Non-Judicial Member; Griffiths G - Non-Judicial Member

LEGISLATION CITED : Retail Leases Act 1994 Conveyancing Act 1919

APPLICANT G Rice of counsel for Saurabh Behl REPRESENTATION: RESPONDENT Ms Berberian of counsel for Hurstville Retail Pty Ltd

i)The Application is dismissed ii)As to the Cross Application: iii)The Respondent has validly terminated the sub-lease iv)The Respondent is entitled to immediate possession of the premises known as Kiosk 1, Hurstville Central, Hurstville ORDERS: v)The letter from the Respondent to the Applicant dated 21 April 2009 notifying of breach, default or non-compliance with clause 3.1 of the sub-lease is a valid notification of breach, default or non-compliance with the covenants contained in the sub-lease vi)The letter of 21 April 2009 is a valid notification within the meaning of s. 129 of the Conveyancing Act 1919 of breach, default or non-compliance with covenants contained in the sub-lease vii)To the extent that the foregoing orders do not expressly provide for it, a declaration that the Respondent is entitled to terminate forthwith the sub-lease by reason of the Applicant's failure to remedy a breach, default or non-compliance with clause 3.1 of the sub-lease notified by letter dated 21 April 2009 or its failure to take reasonable steps to either remedy such breach, default or non-compliance or its failure to take any reasonable or diligent action towards remedying the breach, default or non-compliance pursuant to the terms of the sub-lease or s.129 of the Conveyancing Act 1919 as the case may be. viii)There is no order as to damages. ix)There will be no order for costs in these proceedings unless a party files and serves an application for costs, with supporting submissions, within 14 days. In such event, the opposing party or parties must file and serve submissions in response within a further 14 days. The question of costs will then be determined 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997.