Gencturk v Laziko Enterprises Pty Ltd [2011] NSWADT 218

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Gencturk v Laziko Enterprises Pty Ltd [2011] NSWADT 218 Hearing dates: 2 September 2011 Decision date: 13 September 2011 Jurisdiction: Retail Leases Division Before: P R Callaghan SC Deputy President, B Harrison, Non-Judicial Member M Lonie, Non-Judicial Member Decision: 1.Order that the Respondents pay to the Applicant the sum of $199,481.97 (for rent and damages). 2.Order that the Respondents pay to the Applicant (in addition to the sum referred to in the first Order) the sum of $6,309.32 (for interest). 3.Dismiss the Cross-Claim. 4.Order the Respondents to pay the Applicant's costs as agreed or assessed on a party and party basis. 5.Note that the Respondents' liability under these orders is joint and several. Catchwords: Retail Lease - re-taking of possession - rent - damages - interest - costs Legislation Cited: Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Cases Cited: Jonamill Pty Ltd v Alramon Pty Ltd (No.2) (RLD) [2010] NSWADTAP 3 Progressive Mailing House Pty Ltd v Tabali Pty Ltd (1985) 157 CLR 17 Spuds Surf Chatswood Pty Ltd v P.T. Ltd (No.3) [2011] NSWADT 186 Category: Principal judgment Parties: Hasan Gencturk (Applicant) Laziko Enterprises Pty Ltd (Respondent) Bircan Karaman (Respondent) Yildiray Odemis (Respondent) File Number(s): 105165