Moussa v Warren [2012] NSWADT 284

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Moussa v Warren [2012] NSWADT 284 Hearing dates: 28 December 2012 Decision date: 28 December 2012 Jurisdiction: Retail Leases Division Before: S Montgomery, Judicial Member Decision: The application for urgent interim order is dismissed. Catchwords: Retail Tenancy Claim - application for urgent interim order Legislation Cited: Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Cases Cited: Evriparas Pty Ltd v ING Management Limited [2011] NSWADT 273 Beecham Group Pty Ltd v Bristol Laboratories Pty Ltd [1968] 118 CLR 618; [1968] HCA 1. Spuds Surf Chatswood Pty Ltd v P T Limited [2007] NSWADT 130 Category: Interlocutory applications Parties: Nehad Moussa (Applicant) John Warren (Respondent) Representation: N Moussa, (Applicant in person) J Warren, (Respondent in person) File Number(s): 125184

reasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): This is an application for an urgent interim order brought by Nehad Moussa ("the Applicant") under the Retail Leases Act 1994 ("the Act ") in relation the restaurant ("the premises") at the Commercial Hotel, Lockhart ("the Hotel"). 2The Respondent is a joint owner of the Hotel, with Ms Carol Warren ("Carol") 3The Applicant seeks an order that the Respondent give him possession of the premises immediately. 4The Applicant contends that he was in possession of the premises from about 20 November 2012. He further contends that the Respondent agreed to grant him a lease to the premises and that the terms of the lease are set out in a letter dated 18 December 2012 from the Respondent's solicitor to the Applicant's solicitor. 5The Respondent denies that the Applicant had a lease to the premises. However, in the event that the Tribunal finds that a lease did exist, the Respondent contends that the Applicant should not be permitted to return to the premises.