Nostin Pty Limited v Suzy Georges and Zena Georges [2014] NSWCATCD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nostin Pty Limited v Suzy Georges and Zena Georges [2014] NSWCATCD 158 Hearing dates: 1 May 2014 Decision date: 07 August 2014 Before: D Patten, Principal Member Decision: 1Declare that the respondents since 8 December 2009 have been liable to pay to the applicant rent at the rate of $2,833.53 inclusive of GST per calendar month. 2Declare that the respondents are liable to pay to the applicant interest on overdue rent in accordance with cl 5.1.5 of the lease at the rate of 15% p.a. 3Order that the total of the sums payable by the respondents to the applicant in accordance with 1 and 2 be abated by $7,500.00. 4Order that the parties file with the Registrar within 21 days minutes of order reflecting declarations and order 1, 2 and 3. 5Liberty to each party to apply for re-list on 7 days' notice to the Registrar and to the other party. 6Subject to para 54 of the reasons, no order as to costs. Catchwords: Lessee holding over under expired lease - rent payable - innocent misrepresentation as to area - loss recoverable Legislation Cited: Retail Leases Act 1994 Cases Cited: Legione v Hateley 152 CLR 406 Casquash Pty Ltd v NSW Squash Ltd (No 2) [2012] NSW SC 522 Taylor v Johnson 151 CLR 422 Category: Principal judgment Parties: Nostin Pty Limited (applicant) Suzy Georges and Zena Georges (respondents) Representation: B Fogarty V Gray Barker Lawyers Bob Damcevski Corporate & Civil Legal File Number(s): COM 14/00486 Publication restriction: Unrestricted