Despot v Dublin Group Pty Ltd [2014] NSWCATCD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Despot v Dublin Group Pty Ltd [2014] NSWCATCD 39 Hearing dates: 17 December 2013 Decision date: 27 March 2014 Jurisdiction: Consumer and Commercial Division Before: G Mullane, Senior Member Decision: 1. The respondents must pay the applicant a sum of $54,266.56 for unpaid rent. 2. In addition, the respondents must pay the applicant interest on the unpaid rent calculated in accordance with Clause 5.1.5 of Annexure B and item 15 of annexure A to the Lease between the applicant landlord and the respondents in respect of the property known as 215 Oxford Street, Darlinghurst. 3. If the applicant landlord wishes to seek costs, he must within 14 days file in the Registry and serve on the respondents any other evidence and any submissions he relies upon in relation to costs. 4. The respondents will have 14 days from the date of service of any evidence and submissions relied upon by the applicant under order 3 to file and serve on the applicant any other evidence or submissions relied upon by the respondents in opposing a costs order. 5. If the applicant fails to file or serve any material under order 3 within 14 days, the application filed 24 July 2013, so far as it seeks costs, is dismissed. Catchwords: Retail Lease- rental claim - Outgoings claim - not payable because no request for payment as required by lease. - Rental arrears - Interest Legislation Cited: Retail Leases Act 1994 Administrative Decisions Tribunal Act 1997 Category: Principal judgment Parties: Ranko Despot (Applicant Landlord) Dublin Group Pty Ltd (Respondent Tenant) Jenny Banic (Respondent Guarantor for Tenant) File Number(s): COM 14/15381