Roach v Braun (RLD) [2011] NSWADTAP 40

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Roach v Braun (RLD) [2011] NSWADTAP 40 Hearing dates: 11 July 2011 Decision date: 06 September 2011 Jurisdiction: Appeal Panel - Internal Before: Appeal Panel comprising M Chesterman, Deputy President P H Molony, Judicial Member G Pinter, Non-judicial Member Decision: 1. The appeal is allowed in part. 2. Order 3 of the Tribunal, made on 21 February 2011, is set aside and the following substituted:- 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. 3. Order 4 of the Tribunal, made on 21 February 2011, is set aside and the following substituted:- 4)The Applicant is to credit the Respondent the amount of $1,800.00 (to be deducted from the total amount payable under order 3 and from the principal sum on which interest is payable under order 3(b)). 4. No order as to costs. Catchwords: Retail shop lease - whether binding even though not executed by both parties or registered - alleged misstatement in lessor's disclosure statement Legislation Cited: Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Cases Cited: Braun v Roach [2011] NSWADT 31 Dong v West Services Pty Ltd [2010] NSW ADT 150 Leitz Leeholme Stud Pty Ltd v Robinson [1977] 2 NSWLR 544 Masters v Cameron (1954) 91 CLR 353 Category: Principal judgment Parties: Una Janeen Roach (Appellant) Peter Braun (Respondent) Representation: Counsel C Lawrence (Respondent) In person (Appellant) File Number(s): 119007 Decision under appeal Citation: Braun v Roach [2011] NSWADT 31 Date of Decision: 2011-02-21 00:00:00 Before: Retail Leases Division File Number(s): 095175