Armstrong v Partridge [2011] NSWADT 232

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Armstrong v Partridge [2011] NSWADT 232 Hearing dates: 24 June 2011 Decision date: 05 October 2011 Jurisdiction: Retail Leases Division Before: Deputy President Patten M Lonie, Non judicial member G Pinter, Non judicial member Decision: In matter 115010: 1. The Applicant declared entitled to an abatement of rent of 40% in respect of period 26 October 2010 to 19 January 2011, otherwise application is dismissed. In matter 115049: 1.The Applicant (in matter 115010) to pay the Respondents damages in the sum of $20,291. 2. The Rental Bond Board to pay to the Respondents the sum of $8,750 held in respect of the subject lease such sum to be applied in part satisfaction of order 2. 3. The Applicant (in matter 115010) to pay the Respondents' costs as agreed or assessed. Catchwords: Abatement of Rent - Damages for repudiation of lease Legislation Cited: Retail Leases Act 1994 Administrative Decisions Tribunal Act 1997 Cases Cited: Attorney General (NSW) v World Best Holdings Ltd (2005) 63 NSWLR 557 Category: Principal judgment Parties: Helen Maree Armstrong (Applicant) Brian Cameron Partridge (1st Respondent) Margaret Anne Partridge (2nd Respondent)- Representation: H Armstrong (Applicant in person) Kent McCrae Lawyers (Respondents) File Number(s): 115010 115049