NSW Caselaw
Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Drake trading as Drake's Handmade Jewellery v Tenakau Investments Pty Ltd [2013] NSWADT 56 Hearing dates: 7 February 2013 Decision date: 07 March 2013 Jurisdiction: Retail Leases Division Before: Hon G Mullane Judicial Member Mr G Pinter Non Judicial Member Ms P Drake Non Judicial Member Decision: 1. Any interim orders of the Tribunal are discharged; 2. The Application of Scott Drake is dismissed for want of Jurisdiction; and 3. The Application of Scott Drake for an order for costs is refused and dismissed. Catchwords: Retail Leases Act 1994 section 6(1)(c). Act does not apply to a lease of a retail shop which is a holding overas a periodic tenancy from a lease the term of which ended before the section commenced. Lessor's numerous lease proposals to Lessee- special conditions - no binding agreement till lessor approves and lessee signs the lease. Legislation Cited: Retail Leases Act 1994 Administrative Decisions Tribunal Act 1997 Cases Cited: Masters v Cameron [1954] HCA 72; (1954) 91CLR 353; AXA Trustees Ltd v Ergun [unreported 31.8.00] SCNSW, Harrison M. No.11163 of 2000; Randi Wix Pty Ltd v Prokana Pty Ltd (No.2) [2003] NSW ADT4; 2004 NSW ConvR 56-060). Texts Cited: N/A Category: Principal judgment Parties: Scott Drake trading as Drake's Jewellery (Applicant)
Tenakau Investments Pty Ltd (Respondent) Representation: In person (Applicant) Paul La Greca (agent for Respondent) File Number(s): 125094
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