NSW Caselaw
CITATION: Tsimbakis v BlackRock Investment Management (Australia) Limited [2010] NSWADT 187
DIVISION: Retail Leases Division
Applicant: Aristotelis Stanley Tsimbakis PARTIES: Respondent: BlackRock Investment Management (Australia) Limited
FILE NUMBER: 095031
HEARING DATES: 16-17 November 2009
SUBMISSIONS CLOSED: 17 December 2009
DATE OF DECISION: 27 July 2010
BEFORE: Olsson E, SC - Deputy President; Harrison B - Non-Judicial Member
CATCHWORDS: Holding-over, misleading and deceptive conduct, unconscionable conduct
LEGISLATION CITED : Retail Leases Act 1994
CASES CITED: Harbourside Catering Pty Ltd v TMG Developments Pty Ltd (2007) NSWSC 1375; Perhauz and Anor v SAF Properties Pty Ltd and Ors [2007] NSWADT 122
Applicant Representative: Mr Lindo, solicitor REPRESENTATION: Respondent Representative: Mr McAuley, solicitor
Application dismissed; ORDERS: Declaration that Applicant's continued possession of premises is pursuant to a holding over of lease; Costs reserved and parties to file and serve submissions as to costs within 14 days.
REASONS FOR DECISION
Introduction 1 By an amended Application filed on 13 August 2009 the Applicant sought orders granting the Applicant a new lease on terms plus damages of $21,251.00 for breaches of s.62B(9), s.62E, s.72AA(a) and (b) of the Retail Leases Act 1994 and damages of $36,000.00 for unfair competition and also an order that the Respondent be estopped from denying the Applicant's right to a lease of shop 14A, Rosemeadow Market Place.
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