73 Union Street Retail Pty Ltd v J & S Group Pty Ltd & Ors (No 2) [2012] NSWADT 278

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: 73 Union Street Retail Pty Ltd v J & S Group Pty Ltd & Ors (No 2) [2012] NSWADT 278 Hearing dates: 12, 13 and 14 November 2012 Decision date: 14 November 2012 Jurisdiction: Retail Leases Division Before: S Higgins, Deputy President Decision: 1. Applicant's retail leases claim is dismissed. 2. The applicant to pay the respondents' costs in the sum of $8,000 to be paid within twenty-eight days of the date of this decision. Catchwords: Retail lease claim - loan and call option agreement - whether terms of the call option agreement amounted to a retail lease Legislation Cited: Administrative Decisions Tribunal Act 1997 Legal Profession Act 2004 Retail Leases Act 1994 Cases Cited: 73 Union St Retail Pty Ltd v J & S Group Pty Ltd [2012] NSWADT 212 Category: Principal judgment Parties: 73 Union Street Retail Pty Ltd (Applicant) J & S Group (First Respondent) Union City Convenience Pty Ltd (Second Respondent) Jamal Gebara (Third Respondent) Representation: Counsel M Bennett (Respondent) A Soltan (Agent of the Applicant) Breen and Breen Solicitors (Respondents) File Number(s): 125117

REASONS FOR DECISION

Background 1On 14 November 2012, following a 2 ½ day hearing, I gave an oral decision and dismissed the applicant's retail leases claim. I also made an order that the applicant pay the respondents' costs in the sum of $8,000 to be paid within twenty-eight days of the date of this decision. In giving my oral decision I also gave reasons for decision. An application has been made under subsection 89(3) of the Administrative Decisions Tribunal Act 1997 for written reasons. These are my written reasons, which are in accordance with those given orally.