O'Brien v Rushworth [2011] NSWADT 115

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: O'Brien v Rushworth [2011] NSWADT 115 Hearing dates: 11 May 2011 Decision date: 25 May 2011 Jurisdiction: Retail Leases Division Before: K Rickards Judicial Member Decision: 1. The Applicant (O'Brien) is permitted immediate re-entry into possession of the premises located at 30 Nana Street, Nana Glen NSW subject to the conditions as contained within order 5 below. 2. The Respondents (Rushworth) are to immediately provide to the Applicant all keys to enable access to all parts of the premises. 3. The portion of the interior wall of the gallery at the premises which was removed by the Applicant is to be replaced and re-painted to a proper and tradesman like standard within 21 days of the date of these orders with the cost of such work to be paid by the Applicant. 4. The Applicant is to pay to the Respondents the sum of $94 in respect of the mediation fee and a further sum of $185 in respect of lockout fee incurred on 7 March 2011, such payments to be made to the Respondents on or before 10 June 2011. 5. Within 24 hours of being provided with keys to enable access to the premises, the Applicant is to pay rent in advance to the Respondents for the period from the date upon which keys are provided up to and including 9 June 2011 calculated at the rate of $39.73 per day. 6. The Applicant is to pay rent as due and payable pursuant to the terms of the retail lease agreement monthly in advance the first payment to be made on or before 10 June 2011 and thereafter to be paid monthly in advance on or before the 10 th day of each succeeding calendar month. 7. Unless either party files and serves written submissions seeking a costs order within 14 days, each party is to bear its own costs. If such submissions are filed, the other party is to file and serve any written submissions in reply within 14 days, and a decision as to the costs will then be made "on the papers". Catchwords: Relief against forfeiture; compensation Legislation Cited: Retail Leases Act 1994 Cases Cited: Galaxy Catering Pty Ltd v Trust Company of Australia Ltd [2006] NSWADT 182 Category: Principal judgment Parties: Julianne Fay O'Brien (applicant in 105167 respondent in 115051) Craig Thomas & Marguerite Anne Rushworth (respondents in 105167 applicants in 115051) Representation: S Campbell solicitor for O'Brien L Juhasz solicitor for Rushworth File Number(s): 105167, 115051