Pyrmont Point Pty Ltd (ACN 145199784) trading as "Red Bottle" v Westacott [2014] NSWCATCD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pyrmont Point Pty Ltd (ACN 145199784) trading as "Red Bottle" v Westacott [2014] NSWCATCD 40 Hearing dates: Determination on the papers Decision date: 25 March 2014 Jurisdiction: Consumer and Commercial Division Before: G Mullane, Senior Member Decision: 1. The application by Pyrmont Point Pty Ltd is dismissed for want of jurisdiction. Catchwords: Retail Leases Act 1994 para 6(1)(b) - application of Act excluded - Lease and options total 25 years. Legislation Cited: Retail Leases Act 1994 Category: Principal judgment Parties: Pyrmont Point Pty Ltd (ACN 145199784) trading as "Red Bottle" (applicant) Albert Victor Westacott (respondent) Representation: Mr J B Conomy, Selbourne/Wentworth Chambers for the applicant Mr JC Martin, JDK Legal Solicitors for the respondent Mr Patrick Woods, RJL Legal, Solicitors, for the respondent File Number(s): COM 14/16402

reasons for decision

INTRODUCTION 1These proceedings were commenced under the Retail Leases Act 1994 by Pirrama Pty Ltd as tenant against Mr Westacott as landlord. 2The proceedings were listed for directions on 21 November 2013 by the Registrar of the Administrative Decisions Tribunal as a result of the Affidavit of Patrick John Woods of 13 November 2013 being filed. That Affidavit raised 2 objections to the application, including an objection as to jurisdiction.

THE OBJECTIONS 3The first objection is that the Retail Leases Act does not apply because para 6(1)(b) of the Retail Leases Act 1994 excludes the application of the Act to the lease. 4The second objection was that the applicant is not the tenant of the relevant premises as the lease was assigned by the applicant to Pyrmont Point Pty Ltd on 15 September 2010.