Sewing Machine Warehouse Pty Ltd v Pavitt Industries Pty Ltd [2012] NSWADT 282

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Sewing Machine Warehouse Pty Ltd v Pavitt Industries Pty Ltd [2012] NSWADT 282 Hearing dates: 15 November 2012 Decision date: 15 November 2012 Jurisdiction: Retail Leases Division Before: S Higgins, Deputy President Decision: Application dismissed. Legislation Cited: Administrative Decisions Tribunal Act 1997 Corporations Act 2001 (Cth) Retail Leases Act 1994 Category: Interlocutory applications Parties: Sewing Machine Warehouse Pty Ltd (Applicant) Pavitt Industries Pty Ltd (Respondent) Representation: L Grech (Applicant, agent) D Reardon (Respondent, agent) File Number(s): 125162

REASONS FOR DECISION 1On 12 November 2012, the applicant, Sewing Machine Warehouse Pty Ltd, as lessee of premises owned by the respondent, Pavitt Industries Pty Ltd, lodged a retail leases claim, under s 72 of the Retail Leases Act 1994 (RL Act), seeking an order that the respondent accept the applicant's proposed management plan for the removal of the asbestos in the leased premises. The applicant also made an application for an urgent interim order to stay the respondent's intended lockout of the applicant from the leased premises. 2The applicant's interim order application came before me on 15 November 2012. After hearing short submissions from the parties and considering the documents that were filed, on the application of the respondent, I dismissed the applicant's application for an interim order and its substantive application on the grounds that the tribunal did not have any jurisdiction to hear and determine them. At the time I also gave some brief oral reasons for my decision. 3A request has been made for written reasons for my decision and these are those reasons.