NSW Caselaw
CITATION: Wilson v Sydney Markets Limited [2009] NSWADT 256
DIVISION: Retail Leases Division
Applicant: William Wilson PARTIES: Respondent: Sydney Markets Limited
FILE NUMBER: 095163
HEARING DATES: 17 September 2009
SUBMISSIONS CLOSED: 18 September 2009
DATE OF DECISION: 30 September 2009
BEFORE: Fox R - Judicial Member
CATCHWORDS: Jurisdiction – Retail Leases Act, Section 6
Retail Leases Act 1994 LEGISLATION CITED : Sydney Market Authority (Dissolution) Act 1996, Administrative Decisions Tribunal Act 1997, Conveyancing Act 1919
Conoid Pty Ltd v International Theme Park Pty Ltd [1999] 9BPR17, 369 CASES CITED: Thai Star Video Limited v Walpole [2007] NSW ADT 193 Helau & Ors v Bong Bong Pty Limited & Anor trading as Regional Retail Properties [2006] NSW ADT 128
Applicant Representative: David Williams SC REPRESENTATION: Respondent Representative: Middletons Solicitors
ORDERS: 1. My declaration is that the Applicant's stalls 234, 235 and 236 are occupied by him pursuant to a Retail Shop Lease in a Retail Shopping Centre. 2. The matter is listed for directions at 2.00pm on 1 October 2009.
REASONS FOR DECISION
1 The Applicant is a stallholder in Paddy's Markets Sydney. The Respondent is an entity to which the Sydney Market Authority (Dissolution) Act 1996 transferred the business formerly conducted by the Sydney Market Authority. Amongst other things it conducts the Haymarket enterprise known as Paddy's Markets.
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