Sean Lytton v North Bondi RSL Club Limited [2011] NSWADT 86

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Sean Lytton v North Bondi RSL Club Limited [2011] NSWADT 86 Hearing dates: 21 February 2011 Decision date: 29 April 2011 Before: K Rickards, Judicial Member Decision: 1. The deed of licence between the Applicant and the Respondent dated 1 November 2009 is declared to be for a term commencing 1 November 2009 and expiring 7 August 2014. 2. The Respondent is not itself, or by its officers or agents, to interfere with the occupation by the Applicant of that part of the premises at North Bondi RSL Club known as the kitchen and servery, or with access to North Bondi RSL Club by the Applicant or its employees or agents or patrons for the purpose of conduct of the Applicant's business. 3. During the term as set out in Order 1 above, the Respondent is not to take any steps by itself, its officers and/or agents to remove or destroy any fixtures and/or fittings in the kitchen and servery area. 4. The Respondent is to pay to the Applicant the sum of $9,470.72 in reimbursement of payment by the Applicant toward the capital cost of the garbage compound at North Bondi RSL Club. Catchwords: Jurisdiction; Costs Legislation Cited: Retail Leases Act 1994; Administrative Decisions Tribunal Act 1997 Cases Cited: Moweno Pty Ltd v Stratis Promotions Pty Ltd [2002] NSWSC 1151; Constantinos Trembelas v Cyprus Community of NSW NSWSC [unreported, 2 June 1998]; Thompson v Easterbrook [1951] 83 CLR 467; Manly Council v Malouf [2004] 61 NSWLR 394; Sydney Markets Ltd v Wilson [2010] NSW ADTAP 45; Ragi Pty Ltd v Kiwi Munchies Pty Ltd [2007] NSWADT 108 Texts Cited: Nil Category: Principal judgment Parties: Sean Lytton (Applicant) North Bondi RSL Club Limited (Respondent) Representation: D Muir SC (Applicant); H Stowe (Respondent) Carroll & O'Dea (Applicant); David Beattie (Respondent) File Number(s): 105171