Hanna v Lombardo [2012] NSWADT 163

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Hanna v Lombardo [2012] NSWADT 163 Hearing dates: 14 & 16 December 2011, 14 March 2012 Decision date: 09 August 2012 Jurisdiction: Retail Leases Division Before: K Rickards, Judicial member Decision: 1. The Application in proceedings 115093 is dismissed. 2. The termination of the retail lease agreement between the parties on 27 June 2011 by the Respondent/Cross Applicant Domenic Lombardo in respect of premises known as 113 George Street Windsor is declared to be valid. 3. The Applicant/Cross Respondent Paul Hanna is to pay the sum of $18,891 to the Respondent/Cross Applicant Domenic Lombardo. 4. Unless either party files and serves submissions within 14 days as to why a costs order should be made in favour of either party, there will be no order as to costs. If either party files and serves submissions within this period of 14 days, the other party shall file and serve any submissions in reply within a further 14 days of receipt of the initial submissions, and the issue of costs will then be determined upon the basis of the written submissions filed and without any further hearing. Catchwords: Pre-lease representations; breach of lease; compensation for breach Legislation Cited: Retail Leases Act 1994 Administrative Decision Tribunal Act 1997 Trade Practices Act (Cwlth) 1974 Fair Trading Act 1987 Cases Cited: Kollias v Monzo Pty Ltd [2003] NSWADT 275 Samaha & Anor v Corbett Court Pty Ltd Corbett Court Pty Ltd v Samaha & Anor [2006] NSWSC 1441 Armstrong Jones Management Pty Ltd v Saies-Bond & Associates [2007] NSWADTAP 47 Category: Principal judgment Parties: Paul Hanna (Applicant/Cross Respondent) Domenic Lombardo (Respondent/Cross Applicant) Representation: Counsel B Zipser (Respondent/Cross Applicant) Herbert Weller (Applicant/Cross Respondent) Pavlis & Co Solicitors (Respondent/Cross Applicant) File Number(s): 115093, 115101