Uckhan v A& J Verdi Pty Ltd [2010] NSWADT 223

CITATION: Uckhan v A& J Verdi Pty Ltd [2010] NSWADT 223

DIVISION: Retail Leases Division

APPLICANT Metin & Cetin Uckhan

PARTIES: RESPONDENT A & J Verdi Pty Ltd Alexander Verdi Julianne Verdi

FILE NUMBER: 105113

HEARING DATES: 30 August 2010

SUBMISSIONS CLOSED: 30 September 2010

DATE OF DECISION: 10 September 2010

BEFORE: Rickards K - Judicial Member

CATCHWORDS: Use of premises - responsibility to obtain council approval

LEGISLATION CITED : Liquor Act 1982 Administrative Decisions Tribunal Act 1997

Fallon Street Properties Pty Ltd v Steel & Stuff Pty Ltd (2006) NSWCA 296 CASES CITED: Harrem Pty Ltd t/as CTH Transport & Services v Toyo Tyre Rubber Australia Pty Ltd (2008)NSWSC 776 Land Law, 5th Edition (2006) – Professor P Butt, Law Book Co

APPLICANT G Rich, barrister REPRESENTATION: RESPONDENT D Robertson, barrister

1. The present use by the First Respondent of the premises at 16/55-58 Cliff Road Wollongong NSW is declared to be not in breach of the terms of the lease agreement between the parties ORDERS: 2. The First Respondent is declared to be responsible for obtaining all necessary development approval for the use of the premises 3. The proceedings are to be listed for further directions on 30 September 2010 at 10:30am 4. There will be no order for costs unless either party files and serves submissions as to costs within 14 days. If submissions as to costs are filed and served in accordance with this order, the other party may file and serve any submissions in response within 14 days, and a decision as to costs will be made upon the documents filed, pursuant to s 76 of the Administrative Decisions Tribunal Act 1997.