Premprop Pty Limited v Mandalong Projects Pty Limited [2011] NSWADT 274

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Premprop Pty Limited v Mandalong Projects Pty Limited [2011] NSWADT 274 Hearing dates: 14 October 2011 Decision date: 21 November 2011 Jurisdiction: Retail Leases Division Before: R Fox, Judicial member Decision: 1. Declare that:- (a) Each of the relocation notices dated 26 October 2010 in respect of the Mosman Village Plaza ("the Centre") is invalid and of no effect, and (b) Each of the demolition termination notices dated 29 March 2011 is invalid and of no effect, and (c) The Respondent has no entitlement to terminate either of the Leases for shops 10 & 12 ("The Shops") on the basis of the matter set out in the relocation notices or the demolition termination notices. 2. Order that the Respondent:- (a) Be restrained from excluding the Applicant from the Shops, and (b) Be restrained from interfering with the Applicant's occupation and use of the Shops, and prior to the termination of the Applicant's leases on 31 st January 2014, and (c) Supply all services reasonably necessary for the use and occupation of the Shops until that termination 3. Grant either party 7 days liberty to apply to Registrar to have matter relisted before me for oral argument limited to the validity of the Car Park Licence Termination Notices. 4. Grant either party 14 days liberty to file written submissions in relation to costs, and if so filed, the other party has 7 days to make written submissions in response, question of costs then to be decided on the papers. If no application made, no order for costs. Catchwords: S34A Relocation Notice, s35 Demolition Notice, Separate Licence Legislation Cited: Retail Leases Act 2004 Cases Cited: McCann v Switzerland Insurance [2000] 203 CLR 579 Provincial Insurance Australia Pty Limited v Consolidated Wood Product Pty Limited 25 NSW LR 451 Ragless v Prospect District Council [1922] SASR 299 Re Church of St Jude [1956] SASR 46 Toll (FGCR) Pty Ltd v Alphapharm Pty Limited [2004] 209 CLR 166 Texts Cited: Macquarie Dictionary (3rd Edition) Commercial Leases - Duncan LBC (2nd Edition) Category: Principal judgment Parties: Premprop Pty Limited (Applicant) Mandalong Projects Pty Limited (Respondent) Representation: Counsel H Insall SC (Applicant) C Leggat SC (Respondent) A Pickles (Respondent) Robert Heyblok (Applicant) Herbert Geer Lawyers (Respondent) File Number(s): 115127