Nulla Nulla Holdings Pty Limited v 75 Cronulla Street Pty Ltd [2012] NSWADT 71

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Nulla Nulla Holdings Pty Limited v 75 Cronulla Street Pty Ltd [2012] NSWADT 71 Hearing dates: 1 & 2 February 2012 Decision date: 26 April 2012 Jurisdiction: Retail Leases Division Before: K Rickards, Judicial Member Decision: 1. The claim by Nulla Nulla Holdings Pty Ltd for reimbursement of outgoings paid pursuant to its leases of the premises is dismissed. 2. The claim by Nulla Nulla Holdings Pty Ltd for abatement of rent in respect of the premises is dismissed. 3.Nulla Nulla Holdings Pty Ltd is declared liable to pay all past and future rent and outgoings as set out within the lease agreement between the parties commencing 1 September 2009, and including management fees. 4.The application by 75 Cronulla Street Pty Ltd for a declaration that Nulla Nulla Holdings Pty Ltd is in default of the lease agreement and is to rectify breaches of clauses 6.1, 6.9, 6.10 and 6.11 of the lease agreement is dismissed. 5. The Notice issued by 75 Cronulla Street Pty Ltd and dated 4 August 2011 is declared to be void and of no effect. 6.The application by 75 Cronulla Street Pty Ltd for a declaration that it has validly converted the lease into a periodic tenancy from month to month is dismissed. 7.Nulla Nulla Holdings Pty Ltd is declared to continue to have tenure of the premises as lessee pursuant to the terms of the lease agreement commencing 1 September 2009. 8.Unless either party files and serves written submissions in support of any application for costs within 14 days of this order, there will be no order as to costs. If written submissions are filed and served in accordance with this order, the other party may file and serve any submissions in reply within 28 days of this order, following which a determination as to costs will be made on the papers. Catchwords: Abatement of rent; outgoings; limitation; relief against forfeiture Legislation Cited: Retail Leases Act 1994 Cases Cited: Jones v Dunkel [1959] 101 CLR 298; Davies v Lyndhurst Developments Pty Ltd [2000] NSW ADT196; DB Rreef Funds Management Ltd & PT v Valentino Home Fashion Pty Ltd [2009] NSWADT 216; Trust Company of Australia Ltd v Skiwing Pty Ltd [2006] NSW CA; Tate v Unanderra Heights Pty Ltd [2005] NSWADT AP 5; Ragi Pty Ltd v Kiwi Munchies Pty Ltd [2007] NSWADT 108; Wanice Pty Ltd v Bocove Pty Ltd [2003] NSWADT AP24; Sabri v Selby [2004] NSWADT 252; Hace Corporation Pty Ltd v F Hannan Pty Ltd [1995] 7BPR 97544 Category: Principal judgment Parties: Nulla Nulla Holdings Pty Limited (Applicant/Cross Respondent) 75 Cronulla Street Pty Ltd (Respondent/Cross Applicant) Representation: Counsel D Barlin (Applicant/Cross-Respondent) P Lane (Respondent/Cross-Applicant) Robinson Legal (Applicant/Cross-Respondent) LaRosa Izzo & Co (Respondent/Cross-Applicant) File Number(s): 115083, 115134