Christoforidis v Thi Thu Cuc Pham [2009] NSWADT 241

CITATION: Christoforidis v Thi Thu Cuc Pham [2009] NSWADT 241

DIVISION: Retail Leases Division

APPLICANT Nick Christoforidis and Sophie Christoforidis PARTIES: RESPONDENT Thi Thu Cuc Pham

FILE NUMBER: 085249

HEARING DATES: 6 August 2009

DATE OF DECISION: 17 September 2009

BEFORE: Rickards K - Judicial Member

CATCHWORDS: Compensation for breaches of retail lease agreement, assignment of lease

LEGISLATION CITED : Retail Leases Act 1994

CASES CITED: Mollina & anor –v- Leask & anor , Sup.Ct NSW(1998) unreported, 2293/93; Ferguson –v- Hullock (1995) CLR 202

APPLICANT S Aslan, solicitor REPRESENTATION: RESPONDENT F Salama, barrister

ORDERS: 1.The Respondent is to pay to the Applicants the sum of $20,838.16 for unpaid rent together with the sum of $6,004.48 for interest, making a total amount payable of $26,842.64. 2.Unless either party files and serves written submissions as to costs within 14 days, there will be no order as to costs. If either party files and serves written submissions as to costs the other party is to file and serve any written submissions in reply within 14 days thereafter, and a decision as to costs will be made on the papers at the expiration of that 14 day period.

REASONS FOR DECISION

INTRODUCTION 1 The Applicants are the owners of a shop located at 107 Haldon Street, Lakemba NSW ("the shop"). All active dealings in relation to the shop and the subject dispute have been undertaken by the male Applicant, Mr Christoforidis.

2 The Applicants seek orders for compensation against the Respondent in respect of unpaid rent for the shop, interest, repairs to the shop and legal costs.