Mohammady v Christofi [2012] NSWADT 122

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Mohammady v Christofi [2012] NSWADT 122 Hearing dates: 30 November 2011 and 22 December 2011 Decision date: 22 June 2012 Jurisdiction: Retail Leases Division Before: D Bluth Judicial Member Decision: 1.The Respondents to pay to the Applicant the sum of $2,450.00 as compensation for loss of stock and garments. 2.The Respondents to pay to the Applicant the sum of $8,417.00 by way of abatement of rent. 3.The Respondents to pay 50% of the Applicant's costs as are agreed or assessed upon a party/party basis Catchwords: Covenant for quiet enjoyment ss33, 34 & 36 of Retail Leases Act, 1994 Legislation Cited: Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Cases Cited: Bonzali v Ersoy (No.2) [2010] NSW ADT 132 Duarte & Ors v Mitchell & Ors [2007] NSW ADT 276 Martins Camera Corner Pty Ltd v Hotel Mayfair Ltd (1976) 2 NSW LR p15 Plant v Meriton Properties Pty Ltd (No.2) [2010] NSW ADT AP20 Spathis v Hanave Investment Co Pty Ltd & Anor (2002) NSW SC 304 Spuds Surf Chatswood Pty Ltdv PT Ltd (RLD) [2012] NSW ADTAP 2 Telstra Corporation Ltd v Sicard [2009] NSWSC 827 Texts Cited: Halsbury's Laws of England, 3rd Ed Category: Principal judgment Parties: Abdul Razul Mohammady (Applicant) Elizabeth and George Christofi (Respondent) Representation: Dehsabzi Lawyers (Applicant) G Xylas (Respondents) File Number(s): 115012