Mahmood v Christofi (No 2) [2012] NSWADT 251

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Mahmood v Christofi (No 2) [2012] NSWADT 251 Hearing dates: 9 December 2011 and 10 February 2012, written submissions 20 April 2012 Decision date: 30 November 2012 Jurisdiction: Retail Leases Division Before: M Hole, Judicial Member Decision: 1. Allow $1,081.69 to the applicant on sale of stock, this amount to be set off against rent owing by applicant. 2. The applicant breached a fundamental term of the lease being payment of rent. 3. The lessors provided sufficient opportunity for the applicant to remove his goods, fixtures and fittings from the premises. 4. The lessors are not responsible for the damages claimed by the applicant. 5. The applicant's business was interrupted by the activities of another lessee in the arcade for a period of two (2) weeks during October/November 2010 and an allowance for no rent to be payable for this period is to be made by the lessors against outstanding rent. 6. There is insufficient evidence to disclose responsibility for the removal of the forklift from the premises. 7. The actions taken by the lessors to secure the goods and equipment of the applicant were sufficient. 8. The lessors are not responsible for the loss of business damages claimed by the applicant. The applicant was aware as at 26 August 2010 (referred to in his facsimile of that date) of the proposals submitted to the Council which included construction of stairs in the arcade contrary to his evidence that he was not aware of this proposal until February 2011. 9. Each party to pay own costs. Legislation Cited: Retail Leases Act 1994 (Ss 34 and 72) Category: Principal judgment Parties: Abdullah Al Mahmood (Applicant) George Christofi (First Respondent) Elizabeth Christofi (Second Respondent) Representation: Counsel J R Young (Applicant) Mooney & Kennedy (Applicant) D M Carson (Respondent) File Number(s): 105210 and 115014