JAIN GAO & HUI YUAN GAO v LEO SIAM PTY LTD [2013] NSWADT 58

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: JAIN GAO & HUI YUAN GAO v LEO SIAM PTY LTD [2013] NSWADT 58 Hearing dates: 22 November 2012 and 17 December 2012. (Submissions by 14 January 2013.) Decision date: 12 March 2013 Jurisdiction: Retail Leases Division Before: Hon G Mullane, Judicial Member Mr B Harrison, Non-Judicial Member Mr M Foldi, Non-Judicial Member Decision: (1)The Applicant s Jian Gao and Hui Yuan Gao must pay to the Respondent Leo Siam Pty Ltd by way of compensation and damages a sum of $58,280.95. (2)The Applicants Jian Gao and Hui Yuan Gao must do all acts and execute all documents submitted by the Respondent Leo Siam Pty Ltd to release any bond under the Lease of the ground floor shop at 437-439 Elizabeth Street, Sydney, between the Applicants (as Lessors) and the Respondent (as Lessee) and to cause payment of the bond to the Respondent as part payment of the amount in Order (1) above. (3)The Applicants Jian Gao and Hui Yuan Gao must pay to the Respondent Leo Siam Pty Ltd a sum of $8,000.00 towards the legal costs of Leo Siam Pty Ltd of and incidental to the proceedings. (4)Otherwise the Application of the Applicants in File 125060 and the Application of the Respondent in File 125106 are dismissed. Catchwords: Retail Lease: - Lease to individual as lessee replaced by lease to company of which the individual is sole director. Failure to give Lessors' Disclosure Statement in respect of lease to company.- Rescission of Lease by Lessee as of right - Lessor's claim for loss of rental refused. - Clause in Lease requiring Lessors to install flooring of the premises at the Lessor's cost - legal requirements. Breach of implied and legal requirements. - Unconscionable conduct and misleading or deceptive conduct - Lessors reject opinions of Lessee's builder and a civil engineer consultant, refuse to accept engineer's report, falsely allege requirements for floor have been met - Lessee rescinds - damages/compensation to Lessee. Legislation Cited: Retail Leases Act 1994 Food Standards Australia and New Zealand Act 1991 (Cth); Australia/ New Zealand Food Standards Code; Food Act 2003 (NSW); Food Regulation 2010; Environmental Planning and Assessment Act 1979 (NSW); Environmental Planning and Assessment Regulation 2000 (NSW); Building Code of Australia; Australian Standard AS4674-2004 "Design, Construction and Fit-out of Food Premises"; Australian Standard AS3740-2004 "Waterproofing of Wet Areas within Residential Buildings. Cases Cited: N/A Texts Cited: N/A Category: Principal judgment Parties: JAIN GAO Applicant in File 125060 JAIN GAO & HUI YUAN GAO Respondents in File 125106 LEO SIAM PTY LTD Respondent in File 125060 and Applicant in File 125106 Representation: None Mr L E Tang, Equiton, 1st Floor, 162 Beamish Street, Campsie (for the Lessors) Ms A Sullivan, Edrison Lawyers, Level 6, Suite 31, 591 George Street, Sydney (for the Lessee) File Number(s): 125060 & 125106 Publication restriction: Nil