Braun v Roach [2011] NSWADT 31

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Braun v Roach [2011] NSWADT 31 Hearing dates: 19 August 2010 Decision date: 21 February 2011 Jurisdiction: Retail Leases Division Before: D Bluth, Judicial Member Decision: The Tribunal orders 1)The Applicant and the Respondent entered into a lease for twelve months from 1 November 2007 terminating on 31 October 2008. 2)The Respondent repudiated the Lease, the Applicant accepted the repudiation and terminated the Lease on or about 28 March 2008. 3)The Respondent is to pay to the Applicant the following: a)outstanding rent of $14,400.00; b)interest on the outstanding rent at 10% per annum; c)survey fees of $825.00; d)legal costs of $2,230.91; e)costs of tax invoices of $5,379.00. 4)The Applicant is to credit the Respondent the amount of $1,800.00 (to be deducted from the amount calculated under order 3). 5)Terms may be filed upon calculation of the amount owed by the Respondent to the Applicant (including interest). 6)No order as to costs, save that should either party file and serve an application for costs accompanied by appropriate submission, within 14 days, then the other party is to file and serve its reply within a further fourteen days and the tribunal will make a decision on the papers as permitted by the Administrative Decisions Tribunal Act at 1997, s76, unless persuaded that there should be oral submissions; Catchwords: Binding Lease, Mitigation of Damages Legislation Cited: Retail Leases Act 1994 Cases Cited: Masters v Cameron (1954) 91 CLR 353 Dong v West Services Pty Limited (2010) NSW ADT 150 Blandino & Ors v Giardini & Ors (RDL 2008) (NSW ADTAP 55) Category: Principal judgment Parties: Peter Braun (Applicant) Una Jayneen Roach (Respondent) Representation: Russo & Partners (Applicant) Collins & Thompson (Respondent) File Number(s): 095175