Lotz v Coco Chocolates Pty Ltd (RLD) [2013] NSWADTAP 43

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Lotz v Coco Chocolates Pty Ltd (RLD) [2013] NSWADTAP 43 Hearing dates: 29 July 2013 Decision date: 25 September 2013 Jurisdiction: Retail Leases Division Before: M Chesterman, Deputy President K Rickards, Judicial Member P Drake, Non-judicial Member Decision: 1. The appeal is dismissed. 2. Any application by the Respondents for the costs of these appeal proceedings must be filed and served within 28 days, along with supporting submissions and any additional submissions they may wish to make as to the costs of the proceedings at first instance. Any submissions in reply by the Appellant must be filed and served within a further 28 days. These matters of costs will then be determined 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997, unless the Appeal Panel decides that a hearing is required. Catchwords: Retail lease - whether lease repudiated by lessee - whether essential terms breached - operation of Conveyancing Act 1919, section 129 Legislation Cited: Administrative Decisions Tribunal Act 1997 Conveyancing Act 1919 Environment Planning and Assessment Act 1979 Environment Planning and Assessment Regulation 2000 Retail Leases Act 1994 Cases Cited: Associated Newspapers Ltd v Bancks (1951) 83 CLR 322 Coco Chocolates Pty Ltd v Lotz [2013] NSWADT 83 Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2010] NSWCA 268 Shevill v Builders Licensing Board (1982) 149 CLR 620 Suisse Atlantique Societe d'Armement Maritime SA v NV Rotterdamsche Kolen Centrale [1967] 1 AC 361 Category: Principal judgment Parties: Debrah Ann Lotz (Appellant) Coco Chocolates Pty Ltd (First Respondent) Rebecca Kerswell (Second Respondent) Representation: P Glissan (Appellant) N J Papallo & Co (Appellant) Brown & Partners (Respondents) File Number(s): 139018 Decision under appeal Citation: Coco Chocolates Pty Ltd v Lotz [2013] NSWADT 83 Date of Decision: 2013-04-19 00:00:00 Before: Retail Leases Division File Number(s): 125042, 125074