The Investment # 1 Pty Ltd v Subway Realty Pty Ltd (RLD) [2011] NSWADTAP 2

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: The Investment # 1 Pty Ltd v Subway Realty Pty Ltd (RLD) [2011] NSWADTAP 2 Hearing dates: 25 August 2010 Decision date: 04 February 2011 Before: P Callaghan SC, Deputy President D Bluth, Judicial Member R Ward, Non-Judicial Member Decision: 1 Appeal dismissed. 2 Appellant to pay Respondent's costs of appeal on a party and party basis, as agreed or assessed. Catchwords: Retail lease – exercise of option – annual rent increases insufficiently claimed – interest on increases – termination – repudiation - costs Legislation Cited: Administrative Decisions Tribunal Act 1997 Conveyancing Act 1919 Retail Leases Act 1994 Cases Cited: Helou v P D Mulligan Pty Ltd (2003) 57 NSWLR 74 Italiano v Carbone [2005] NSWCA 177 Jonamill Pty Ltd v Alramon Pty Ltd (No.2) (RLD) [2010] NSWADTAP 3 Mannai Investment Co Ltd v Eaglestar Life Assurance Co Ltd [1997] AC 749 Shepherd v Felt & Textiles of Australia Pty Ltd (1931) 45 CLR 359 Southern Cross Interiors Pty Ltd v Deputy Commissioner of Taxation (2001) 53 NSWLR 213 World Best Holdings Ltd v Sarker [2010] NSWCA 24 Category: Principal judgment Parties: The Investment #1 Pty Ltd (Applicant) Subway Realty Pty Ltd (Respondent) Representation: J Hewitt (Appellant) I Khan (Respondent) A Kumar (Respondent) File Number(s): 109039 Decision under appeal Jurisdiction: 9108 Citation: Subway Realty Pty Ltd v The Investment #1 Pty Ltd [2010] NSWADT 123 Date of Decision: 2010-05-26 00:00:00 Before: R Fox, Judicial Member File Number(s): 095223 and 105023