NSW Caselaw
CITATION: Global Hospitality Acquisitions Pty Ltd v Owners Corporation SP31748 [2009] NSWADT 130
DIVISION: Retail Leases Division
APPLICANT Global Hospitality Acquisitions Pty Ltd
PARTIES: FIRST REPSONDENT Owners Corporation SP31748
SECOND RESPONDENT Rousso Nominees Pty Ltd
FILE NUMBER: 085263
HEARING DATES: 6 February 2009, 25 February 2009
SUBMISSIONS CLOSED: 25 February 2009
DATE OF DECISION: 2 June 2009
BEFORE: Callaghan P, SC, Deputy President; Griffiths G - Non-Judicial Member ; Tyler T - Non-Judicial Member
CATCHWORDS: Definitions of "retail shop" and "retail shop lease" – use of additional premises for purposes of restaurant – whether agreements for such use of such premises constituted retail shop leases – licences for additional facilities for restaurant – estoppel – unconscionable conduct
LEGISLATION CITED : Retail Leases Act 1994
AG v World Best Holdings Ltd (2005) 63 NSWLR 557 Browne v Flower [1911] 1 Ch 219 Manly City Council v Malouf [2004] 61 NSWLR 394 CASES CITED: Moweno Pty Ltd v Stratis Promotions Pty Ltd [2002] NSWSC 1151 Moweno Pty Ltd v Stratis Promotions Pty Ltd [2003] NSWCA 376 Nelson v Walker (1910) 10 CLR 560 Thompson v Easterbrook (1951) 83 CLR 467
APPLICANT I R Pike, barrister REPRESENTATION: RESPONDENT DH Murr SC (6 February 2009), C Hanson, solicitor (25 February 2009)
ORDERS: To be made in accordance with Short Minutes to be brought in and to be agreed or settled by Tribunal
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