Peter Stefanus Sudarma, Edwina Lim Sudarma And Paul William Duggan v Dublin Group Pty Limited and Jenny Banic [2014] NSWCATCD 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Peter Stefanus Sudarma, Edwina Lim Sudarma And Paul William Duggan v Dublin Group Pty Limited and Jenny Banic [2014] NSWCATCD 91 Hearing dates: 25 November 2013 & 28 January 2014 Decision date: 29 May 2014 Before: G Mullane, Senior Member Decision: 1.The Tribunal declares that the applicants on about 17 May 2013 validly re-entered their retail shop premises at 215 Oxford Street, Darlinghurst and terminated the retail lease registered number AH345042F of those premises to the first respondent. 2.The respondents must pay to the applicants' unpaid rental and outgoings under the lease of $5,628.71. 3.The applicants' claim for damages is dismissed for want of prosecution. 4.The applicants must by 16 June 2014 lodge and serve any submissions and evidence in support of any costs order they propose and the respondents must by 30 June 2014 lodge and serve any submissions and evidence in response or in support of any costs order they seek. Catchwords: Retail Lease - re-entry and termination - grounds - validity. Claim for rental - premises not fit for use Lessor claim for damages for loss of lease - dismissed for want of prosecution. Legislation Cited: Retail Leases Act 1994 Conveyancing Act 1919 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Peter Stefanus Sudarma, Edwina Lim Sudarma And Paul William Duggan (applicants)

Dublin Group Pty Limited And Jenny Banic (respondents) Representation: Mr J A Darvall, 9th Floor, Windeyer Chambers, 2/25 Macquarie Street, Sydney, NSW, 2000, for the applicants Thorntons Lawyers, 205 Pacific Highway, St Leonards, NSW, 2065, for the applicants