Uckan v Verdi Pty Limited (No 3) [2011] NSWADT 226

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Uckan v Verdi Pty Limited (No 3) [2011] NSWADT 226 Hearing dates: 25, 28, 29 March 2011, 10 and 11 May 2011 Decision date: 22 September 2011 Jurisdiction: Retail Leases Division Before: D Patten, Deputy President N Fagg, Non judicial member Decision: 1.Declaration that rent be abated by 30% from 10 November 2009. 2.Direct parties to bring in Short Minutes of Order reflecting reasons at 9.30am on 13 October 2011 Catchwords: Abatement of rent - breaches of covenants in lease not proved - relief against forfeiture granted. Legislation Cited: Retail Leases Act Strata Schemes Management Act Cases Cited: Eliezer v Residential Tribunal & Ors 53 NSWLR 657 Edex International Holdings Pty Ltd v Marmalade Films Pty Ltd (2003) 56 NSWLR 63 McPherson v Minister for Natural Resources (1990) 22 NSWLR 687 Grundt v Great Boulder Pty Gold Mines Ltd [1937] 59 Attorney General of New South Wales v World Best Holdings Ltd 63 NSWLR 557 Category: Principal judgment Parties: Metin and Cetin Uckan (Applicant) A & J Verdi Pty Ltd (Respondent) Alexander Verdi (Respondent) Julianne Verdi (Respondent) Representation: Counsel G Rich (Applicant) R Horsley (Respondent) RMB Lawyers (Applicant) Queens Street Chambers (Respondent) File Number(s): 105113, 115032