Hong Ha Mascot Bakery Pty Limited v G & J Drivas Pty Limited and Telado Pty Limited [2012] NSWADT 113

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Hong Ha Mascot Bakery Pty Limited v G & J Drivas Pty Limited and Telado Pty Limited [2012] NSWADT 113 Hearing dates: 13,14 December 2011; 4, 5 April 2012 Decision date: 14 June 2012 Before: Deputy President Patten M Lonie, Non judicial-member G Pinter, Non judicial-member Decision: In application 115090: (a) Declare that the lease of premises, being Shop 28, Greenway Arcade, 222-230 Church Street, Parramatta, between the parties was not validly determined when the Respondents purported to enter into possession on or about 11 July 2011. (b) Declare that the said lease remains in full force and effect according to its terms. (c) Order the Respondents to pay to the Applicant the sum of $14,164.54 inclusive of interest to the date of this decision. 2. Application 115161 is dismissed. 3. Subject to paragraph 101, the Respondents to pay the Applicant's costs as agreed or taxed. Catchwords: Alleged breaches of retail lease - validity of Notice under s.129 of Conveyancing Act - whether breaches exist at time of service of Notice - waiver - consent - use of extrinsic material in interpretation. Legislation Cited: Administrative Decisions Tribunal Act 1997 Conveyancing Act 1919 Retail Leases Act 1994 Cases Cited: Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2010] NSW CA Silkdale Pty Ltd v Long Leys Co Pty Ltd (unreported 14 September 1995 BC 9505378 Codelfa Constructions Pty Ltd v State Rail Authority of NSW (1981-1982) 149 CLR 337 Fisher v Westpac Banking Corporation Federal Court of Australia, 20 July 1993, WAG75 of 1993 Attorney General for NSW v World Best Holdings Ltd (2005) 63 NSWLR Baltic Shipping Company v Dillon [1992-1993] 176 CLR 344 Byron Bay Retirement Villages Pty Ltd v Zandate Pty Ltd [2008] NSWSC 1123 Category: Principal judgment Parties: Hong Ha Mascot Bakery Pty Limited (Applicant) G & J Drivas Pty Limited and Telado Pty Limited (Respondents) Representation: Counsel M S Henry (Applicant) M Sneddon (Respondents) Shephard & Shephard (Applicant in 115090) H W L Ebsworth (Applicant in 115161) File Number(s): 115090; 115161