Gani v Maiolo [2012] NSWSC 1417

Supreme Court New South Wales

Medium Neutral Citation: Gani v Maiolo [2012] NSWSC 1417 Hearing dates: 15 November 2012 Decision date: 27 November 2012 Jurisdiction: Civil Before: Hall J Decision: (1) An order is made extending time for the commencement of proceedings. (2) The Summons filed on 10 July 2012 is dismissed. (3) Costs would normally follow the event. In the event that the plaintiff wishes to be heard on the question of costs, then written submissions on that question should be lodged with my associate within 14 days of the date of this judgment. If no submissions are lodged by that date then I order the plaintiff to pay the defendants' costs of the proceedings on the ordinary basis. The defendants are to file any submissions in reply to any submissions on costs within a further 14 days. (4) Leave to either party to apply in respect of the form of orders. Catchwords: LEASES - Appeals from decision of Administrative Decisions Tribunal and decision of Appeal Panel under s 119 of the Administrative Decisions Tribunal Act 1997 - Tribunal proceedings commenced by lessee plaintiff who was locked out of defendant lessors' premises for failing to pay rent - parties in dispute as to commencement date of lease and length of the rent-free period - Tribunal rejected plaintiff's version of events and held that rent payable under written terms of lease in arrears - Tribunal also found in favour of defendants regarding other issues including: (i) plaintiff's claim various chattels not returned; whether same had been abandoned, (ii) liability for cost of a new awning; whether lessors liable, (iii) whether bond forfeited - Appeal Panel affirmed Tribunal's decision - no error on part of the Tribunal or Appeal Panel on a question of law.