Trowbridge v Morris [2010] NSWADT 18

CITATION: Trowbridge v Morris [2010] NSWADT 18

DIVISION: Retail Leases Division

APPLICANT Michael Charles Trowbridge PARTIES: RESPONDENT Voula Morris

FILE NUMBER: 085161

HEARING DATES: 20 April 2009, 1 June 2009

SUBMISSIONS CLOSED: 14 September 2009

DATE OF DECISION: 19 January 2010

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Retail Leases Act -Claim for payment of money - costs

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

CASES CITED: Rucom Pty Ltd and Anor v Multiplex & Ors [2010] NSWADT 1

APPLICANT In person REPRESENTATION: RESPONDENT J Laybutt, agent

ORDERS: 1. The applicant is to pay the Respondent an amount of $1,244.35 2. The applicant is to pay the Respondent's costs, as agreed or assessed, of the hearing on 1 June 2009 and the written submissions filed on her behalf in accordance with the directions made on 1 June 2009.

REASONS FOR DECISION

1 This matter concerns premises known as Shop 8a in the Swansea Arcade at 172 Pacific Highway Swansea NSW ("the premises"). A lease for the premises dated 12 April 2005 ("the Lease") identifies Mr Trowbridge as the lessee and the Respondent as lessor. The term of the Lease was one year commencing 1 June 2005, and with a 2 year option period. The rent is stated to be $808.50 per calendar month with provision for an increase during the option period.

2 Mr Trowbridge conducted a chiropractic practice in the premises from July 2004 until 30 October 2008.

3 Mr Trowbridge lodged an application with the Tribunal under the Retail Leases Act 1994 ("the Act") on 15 August 2008. He identified his claim as a combined retail tenancy claim and unconscionable conduct claim: section 71 and 71A of the Act.