Cai & ors v Sydney Markets Ltd (No 2) [2011] NSWADT 199

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Cai & ors v Sydney Markets Ltd (No 2) [2011] NSWADT 199 Hearing dates: On the papers Decision date: 19 August 2011 Jurisdiction: Retail Leases Division Before: M Chesterman, Deputy President Decision: 1. Declare that an iPhone does not fall within the category 'Music Players' as defined under the Occupancy Agreement between the Applicants and the Respondent in each proceeding. 2. Declare that the Applicants in each proceeding are not entitled to sell or market for sale any cover which is labelled 'iPhone' or bears an 'iPhone' logo. 3. Declare that the term 'used for' in the category 'Music Players' as defined under the Occupancy Agreement between the Applicants and the Respondent in each proceeding means 'commonly or often used for'. 4. The parties are to pay their own costs of these proceedings. Catchwords: Retail shop lease - interpretation of occupancy agreement - variation of agreement - estoppel Legislation Cited: Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Cases Cited: Cai & ors v Sydney Markets Ltd [2011] NSWADT 107 Category: Principal judgment Parties: Hengfeng Cai (First Applicant - file 105191) Jing Gao (Second Applicant - file 105191) Hui Xu (First Applicant - file 105196) Xini Li (Second Applicant - file 105196) Sydney Markets Ltd (Respondent - files 105191 and 105196) Representation: Counsel S Docker (Respondent) Kemp Strang (Respondent) File Number(s): 105191, 105196