Coco Chocolates Pty Limited v Lotz [2013] NSWADT 83

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Coco Chocolates Pty Limited v Lotz [2013] NSWADT 83 Hearing dates: 10 September 2012 Decision date: 19 April 2013 Jurisdiction: Retail Leases Division Before: D Bluth, Judicial Member Decision: 1.The application in proceedings 125074 is dismissed. 2.The application in proceedings 125042 is dismissed. 3.Unless either party files and serves submissions within 21 days as to why a costs order should be made in favour of either party, there will be no order as to costs. If either party files and serves submissions within this period of 21 days, the other party shall file and serve any submissions in reply within a further 14 days of receipt of the initial submissions, and the issue of costs will then be determined upon the basis of the written submissions filed and without any further hearing. Catchwords: Breach of essential terms of lease; forfeiture of lease; repudiatory conduct Legislation Cited: Conveyancing Act, 1919 Retail Leases Act, 1994 Cases Cited: Canas Property Co Ltd v K.L. Television Services Ltd (1970) 2 QB CMA Recycling Victoria Pty Ltd v Doubt Free Investments Pty Ltd [2011] TASSC71 Progressive Mailing House Pty Ltd v Tabali Pty Ltd (1985) 157 CLR 17 Shevill & Anor v The Builders Licensing Board (1981-1982) 149 CLF 620 Texts Cited: CCH New South Wales Conveyancing Law and Practice Category: Principal judgment Parties: Coco Chocolates Pty Ltd (Applicant in 125042/ Respondent in 125074) Debrah Lotz (Respondent in 125042 /Applicant in 125074) Representation: Counsel P Glissan (Applicant in 125074) Brown & Partners (Applicant in 125042) NJ Papallo & Co (Applicant in 125074) File Number(s): 125042 and 125074