Chauhan v Demertjis and anor [2008] NSWADT 41

Set aside by Appeal :

CITATION: Chauhan v Demertjis and anor [2008] NSWADT 41

DIVISION: Retail Leases Division

APPLICANT Champavati Chauhan aka Champa Chauhan PARTIES: RESPONDENTS Charles Demertjis and David Demertjis

FILE NUMBER: 075042

HEARING DATES: 19 November 2007

SUBMISSIONS CLOSED: 19 November 2007

DATE OF DECISION: 4 February 2008

BEFORE: Fox R - Judicial Member

CATCHWORDS: Costs - Damages

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Retail Leases Act 1994

CASES CITED: Glasshouse Industries v MPJ Holdings [2005] NSWSC456 Cripps v Dawson [2006] NSWCA81

APPLICANT K Ramrakha, solicitor REPRESENTATION: RESPONDENT B Pluznyk, barrister

1. The Respondent landlord is to pay the Applicant tenant, by way of damages for breach of right of quiet enjoyment, the sum of $25,000.00. ORDERS: 2. By consent, the Respondent landlord acknowledges obligation to keep "Cash Wise" bike rack located in the area identified in a plan, a copy of which has been identified and signed by me and filed with the Tribunal papers. 3. Applicant Lessee has liberty to apply on 7 days notice in relation to location of bike rack. 4. Either party may file submissions regarding costs within 21 days, and if so filed, the other party is to file any submissions in response within a further 21 days, and then to be decided on the papers. If no submission made then the order is "Respondent to pay Applicant's costs of preparing for and attending at directions of 31 May 2007, 14 June 2007, 21 June 2007, 19 July 2007 and 16 August 2007, otherwise no order for costs".