AXL Trading Pty Ltd v Prosha Pty Ltd [2010] NSWADT 301

CITATION: AXL Trading Pty Ltd v Prosha Pty Ltd [2010] NSWADT 301

DIVISION: Retail Leases Division

APPLICANT AXL Trading Pty Limited PARTIES: RESPONDENT Prosha Pty Limited and Stateland East Pty Limited

FILE NUMBER: 085172 and 085222

HEARING DATES: 23, 24, 25, 26 November 2009;28, 29 April; 21, 28 May and 19 June 2010

SUBMISSIONS CLOSED: 5 October 2010

DATE OF DECISION: 17 December 2010

BEFORE: Molloy G - Judicial Member

CATCHWORDS: Statutory Lease s. 16 - wrongful termination - damages

LEGISLATION CITED : Retail Leases Act 1994 Surveillance Devices Act 2007

Bowden v. Lo [9802121] Dean v. Stockland Property Management Pty Limited [2010] NSWCA 66 Ferrcom Pty Limited v. Inbush (NSW) Pty Limited (unreported) [1996] NSWCA 184 Holden Tourism and Hospitality Pty Limited v. Baldock [2001] NSWADT 123 O'Neill v. Henry [2010] NSWADTAP 40 CASES CITED: Martin v. King [BC 9602847] Parallel Lines International Pty Limited v. Video-Drama Pty Limited [2007] NSWADT 84 Prasad v. Fairfield City Council [2000] NSWADT 164 Symonds v Vass [2009] NSWCA 139 Tate v. Unanderra Heights Pty Limited [2005] NSWADTAP 5 Webb v. Clifton [2008] NSWADT 132

APPLICANT A. Fernon, instructed by Peter M. Wayne REPRESENTATION: RESPONDENT T. Anderson instructed by Fraser Clancy Lawyers

1 The Respondent pay to the Applicant $108,707.47 by way of damages ORDERS: 2 The Applicant collect forthwith, and in any event, within fourteen days of the date of this decision, all its goods and chattels and cash of $120.00, held at the warehouse of RestorX, Wetherill Park; the Respondent to make immediate arrangements with RestorX to enable the Applicant to comply with this order; the collection of goods to be at the cost of the Applicant (ie. no charge to be made by the Respondent nor by RestorX against the Applicant) 3 Liberty to apply in relation only to any monetary calculations and/or the implementation of Order 2 4 Should either party seek to move the Tribunal for an order for costs, that party must file and serve any such Application, with support submissions, within twenty-eight (28) days of the date of this Decision. Should no such Application be so filed and served the order of the Tribunal will be that there is no order for costs. Should there be such an Application so filed and served the opposing party must file and serve submissions in reply within a further twenty-eight (28) days. Unless reasons are advanced for a hearing to be conducted, the issue of costs will be resolved.