ACN 079 830 596 Pty Ltd v Wallis Lake Fishermans Co-Operative Ltd [2010] NSWADT 30

CITATION: ACN 079 830 596 Pty Ltd v Wallis Lake Fishermans Co-Operative Ltd [2010] NSWADT 30

DIVISION: Retail Leases Division

APPLICANT ACN 079 830 596 Pty Limited PARTIES: RESPONDENT Wallis Lake Fishermans Co-Operative Limited

FILE NUMBER: 085205

HEARING DATES: 30 March 2009

SUBMISSIONS CLOSED: 30 March 2009

DATE OF DECISION: 1 February 2010

BEFORE: Olsson E, SC - Deputy President; Ward R - Non-Judicial Member

LEGISLATION CITED : Retail Leases Act 1994

APPLICANT In person REPRESENTATION: RESPONDENT R Colquhoun, barrister

The Tribunal orders : 1.The respondent pay the applicant the amount of $36,778.00 damages (paragraph 36 of the Reasons for Decision) ORDERS: 2. The respondent to pay the applicant the amount of $5,781.10 being loss of drink sales, equipment and re-location costs (paragraph 37 of the Reasons for Decision) 3. The respondent to pay $6,000.00 to the applicant for damages for unconscionable conduct (paragraph 38 of the Reasons for Decision) 4. The Tribunal will take written submissions from the parties on the question of interest and costs. Any submissions should be filed and served within 28 days of the date hereof.

REASONS FOR DECISION

Background

1 The applicant brought proceedings in this Tribunal in 2007 for relief under the Retail Leases Act 1994 ('the Act') in relation to a tenancy claim and an unconscionable conduct claim. 2 The (amended) application alleged that the Respondent breached its obligations under the Act in a number of respects including the unlawful termination of a lease and that it conducted itself in a manner which was unconscionable.