Bavela Pty Ltd v Fusion Mastering Pty Ltd [2013] NSWADT 23

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Bavela Pty Ltd v Fusion Mastering Pty Ltd [2013] NSWADT 23 Hearing dates: 18 December 2012 Decision date: 31 January 2013 Jurisdiction: Retail Leases Division Before: Judicial Member Hon G Mullane Decision: In 125030: The application is dismissed. In 125067: 1. The Respondents must pay the applicant a sum of $297,067.77 for unpaid rent and interest to 31 January 2013. 2.The Respondents must pay to the Applicant a sum of $8,000,00 towards the applicant's costs in the proceedings. Catchwords: Retail Lease - Breach (non-payment of rent) - payment of first four month's rent postponed, but becomes payable if Lessee commits a breach of the Lease which is notified to the Lessee in writing by the Lessor. Validity of service of notice. Legislation Cited: Retail Leases Act, 1994 Administrative Decisions Act 1997 Civil Procedure Act 2005 Cases Cited: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd (1915) AC79 at 86-87 Esanda Finance Corp Ltd v Plessnig(1989) CLR131 Texts Cited: Law of Contract (10th Ed) Seddon NC, Bigwood RA, & Ellinghaus MD, para 23.45; Lang's Commercial Leasing in Australia CCH at para 26-630 Category: Principal judgment Parties: Bavela Pty Ltd (Applicant in 125067) Fusion Mastering Pty Ltd (First Respondent in 125067) Geoff Alexander (Second Respondent in 125067) Vanessa Doninguez (Third Respondent in 125067) Representation: Counsel A C Casselden (Applicant)-- Morgan Lewis (Applicant) No appearance (Respondent) File Number(s): 125030, 125067