McGlinn v Sassine (No 2) [2010] NSWADT 218

CITATION: McGlinn v Sassine (No 2) [2010] NSWADT 218

DIVISION: Retail Leases Division

APPLICANTS Jodie Ann McGlinn and Sumer Toni McGlinn T/A Westlands Produce PARTIES: RESPONDENT George Sassine

FILE NUMBER: 075166

HEARING DATES: 18 March 2010, 19 March 2010, 1 June 2010, 2 June 2010 and 3 June 2010

SUBMISSIONS CLOSED: 3 June 2010

DATE OF DECISION: 6 September 2010

BEFORE: Patten D - Deputy President; Griffiths G - Non-Judicial Member ; Fagg N - Non-Judicial Member

CATCHWORDS: Termination of Retail Lease – Rights of Lessee to property – Conversion by Lessor

LEGISLATION CITED : Administrative Decisions Tribunal Act Retail Leases Act

Woolworths Ltd v Campbells Cash and Carry Pty Ltd (1996) 92 LGERA 244 CASES CITED: Moweno Pty Ltd v Stratis Promotions Pty Ltd [2003] NSWCA 376 Parallel Lines Pty Ltd v Video-Drama Pty Ltd [2007] NSWADT 84 City West Centre Pty Ltd v Galaxy Media Pty Ltd (1998) 6 BPR 16, 313

APPLICANT R Winfield of counsel instructed by Papantoniou Blake Lawyers REPRESENTATION: RESPONDENT M Seymour of counsel instructed by Greenaway and Tohme Solicitors

1. Declare that prior to March 2007 there was a lease between Ms Jodie McGlinn and the respondent which constituted a retail shop lease within section 3 of the Retail Leases Act 2. Order pursuant to section 72 (1) (a) of the Retail Leases Act that the respondent pay to the applicants the sum of $63,100 ORDERS: 3. Declare that the respondents are entitled to set off against the sum of $63,100 the amount of outstanding rent which subject to order 4 I assess at $17,557.84 4. In the event that either party wishes to challenge the amount of the set off specified in 3 above leave given to that party within 14 days of the date of publication of this decision to lodge submissions in the Registry. The other party may make submissions in reply within a further period of 14 days. Thereafter the matter will be decided on the papers 5. No order as to costs.