Gelin v Sumner (RLD) [2012] NSWADTAP 52

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Gelin v Sumner (RLD) [2012] NSWADTAP 52 Hearing dates: 16 August 2012 Decision date: 12 December 2012 Jurisdiction: Appeal Panel - Internal Before: M Chesterman, Deputy President D Bluth, Judicial Member J Butlin, Non-judicial Member Decision: 1. The appeal is dismissed. 2. Any application by the Respondents for the costs of the appeal must be filed and served within 35 days, along with supporting submissions and any additional submissions they may wish to make as to the costs of the Tribunal hearing. Any submissions in reply by the Appellant must be filed and served within a further 28 days. These matters of costs will then be determined 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997, unless the Appeal Panel decides that a hearing is required. Catchwords: Retail lease - eviction of lessee - whether agreement terminated - whether guarantors released from liability for future rent Legislation Cited: Administrative Decisions Tribunal Act 1997 Conveyancing Act 1919 Corporations Act 2001 (Cth) Retail Leases Act 1994 Cases Cited: Belperio v Linehaul Holdings Pty Ltd (2004) 89SASR 185; [2004] SASC 238 Byrnes v Jokona Pty Ltd [2002] FCA 41 Lagouvardis v Brett and Janet Cottee Pty Ltd (1994) NSW ConvR 55-714 (BC9402842) Todbern Pty Ltd v Taormina International Pty Ltd (1990) 5 BPR 11,1173 (BC9002319) Torminster Properties Ltd v Green [1983] 2 All ER 457 World Best Holdings Limited v Sarker [2010] NSWCA 24 Category: Principal judgment Parties: Ben Ami Gelin (Applicant) Ian Ross Sumner (First Respondent) Louise Gay Sumner (Second Respondent) Representation: Counsel D Mahendra (Respondents) B Gelin (Applicant in person) Messenger & Messenger (Respondents) File Number(s): 129009 Decision under appeal Citation: Gelin v Sumner [2012] NSWADT 81 Date of Decision: 2012-05-02 00:00:00 Before: Retail Leases Division File Number(s): 115102