Coslo Foods Corp Pty Ltd v Ali Bardouh and Soumaya Bardouh [2014] NSWCATCD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Coslo Foods Corp Pty Ltd v Ali Bardouh and Soumaya Bardouh [2014] NSWCATCD 2 Hearing dates: 29 May, 8 and 9 August and 1 October 2013 Decision date: 28 February 2014 Jurisdiction: Consumer and Commercial Division Before: D L Patten, Principal Member G Pinter, General Member (as adviser) P Drake, General Member (as adviser) Decision: In matter 125137: 1. That the respondents Ali Bardouh and Soumaya Bardouh pay Coslo Pty Ltd the sum of $10000. 2. No order as to costs. In matter 135021: 1. Coslo Pty Ltd to pay to Ali Bardouh and Soumaya Bardouh the sum of $4413. 2. No order as to costs. Catchwords: Option - whether exercised - repudiation - entry before expiration of Notice Legislation Cited: Conveyancing Act 1919 Retail Leases Act 1994 Cases Cited: Gilbert J McCaul (Aust) Pty Ltd v Pitt Club Ltd (1959) 59SR122 McDonald Multiple Pty Ltd v Presto Smallgoods (NSW) Pty Ltd [1978] 1 NSWLR 337 Category: Principal judgment Parties: Coslo Foods Corp Pty Ltd t/a Vinayak (Applicant) Ali Bardouh and Soumaya Bardouh (Respondent) Representation: Counsel Mr S Reuben (Applicant) Mr M Southwick (Respondents) City Lawyers and Consultants (Applicant) Surry Partners (Respondents) File Number(s): 125137 and 135021