Agora Holdings Pty Limited v Elyas Convenience Market Pty Limited [2012] NSWADT 182

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Agora Holdings Pty Limited v Elyas Convenience Market Pty Limited [2012] NSWADT 182 Hearing dates: 20 June 2012 Decision date: 20 June 2012 Jurisdiction: Retail Leases Division Before: D Bluth Judicial Member Decision: 1. The Lease between the parties came to an end on 30 June 2011. 2. Agora Holdings Pty Limited is entitled to the rental bond paid by Elyas Convenience Market Pty Limited. 3. Elyas Convenience Market Pty Limited must pay to Agora Holdings Pty Limited rent from 1 July 2011 until a new tenant is found for the premises provided Agora Holdings Pty Limited mitigates its loss, 4. Liberty for Agora Holdings Pty Limited to make application to restore the matter to the General List for the purpose of quantifying its loss. 5.. No order as to costs. Catchwords: Repudiatory conduct of the lessor and lessee Legislation Cited: Retail Leases Act, 1994 Cases Cited: Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd (1989) 63ALJR 372 Texts Cited: Lang's Commercial Leasing in Australia Category: Principal judgment Parties: Agora Holdings Pty Limited (Applicant) Elyas Convenience Market Pty Limited (Respondent) Representation: Jordan Djundja Lawyers (Applicant) Y Aous (Agent for Respondent) File Number(s): 125014

REASONS FOR DECISION 1Agora Holdings Pty Limited (Agora) is the Applicant for Original Decision filed on 31 January 2012 against Elyas Convenience Market Pty Limited (Elyas). 2The parties entered into a lease of premises 515 Marrickville Road, Dulwich Hill for a term of five years with Agora as the lessor and Elyas as the lessee and Elyas took occupation on or about the 14 June 2010 (Lease). 3The use of the premises listed in the lease is fruit shop and convenience store and upon enquiry the Tribunal is satisfied that the occupation of the premises is within the jurisdiction of the Tribunal under the Retail Leases Act 1994 (RLA). 4Pursuant to the Application of the Original Decision filed by Agora, Agora seeks the return of the bond and interest and that Elyas pay rent until a new tenant has been found consequent upon the breach of lease by Elyas. 5Mr Jordan, solicitor appeared for Agora and Mr Yacine Aous (Aous) director of Elyas appeared for Elyas.