NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pozetu Pty Ltd v Alexander James Pty Ltd [2014] NSWCATCD 183 Hearing dates: 15 & 16 October 2013 Decision date: 30 September 2014 Before: D Bluth, Senior Member Decision: Alexander James Pty Ltd is liable to Pozetu Pty Ltd for damages for breach of lease. The rent for the first year of the option is the rent paid by Alexander James Pty Ltd for the previous year. Catchwords: Renewal of lease whether registration of strata plan is repudiatory conduct making performance of lessors obligations impossible, rent review void pursuant to section 18(3)(c) of the Retail Leases Act Legislation Cited: Conveyancing Act 1919 Real Property Act 1900 Retail Leases Act 1974 Cases Cited: Ashington Holdings Pty Ltd v Wipema Services Pty Limited No. 1 (1998) NSWSC143 and No. 2 (1998) NSWSC414
Ashington Holdings Pty Ltd v Wipema Services Pty Ltd (1999) BC9908429
Chetcuti v Scarf & Ors (2000) NSW SC 637
Kemp v Lumeah Investments (1983) 3 BPR 9203
Lawrom Nominees Pty Ltd v Kingsmede Pty Ltd & Anor (2000) NSWSC 1048
Menuko Pty Ltd v Tinine Group Pty Ltd [2007] NSWADT 149
Palermo Seafoods Pty Ltd v Lunapas Pty Ltd (2014) NSWSC 792
Toga v Permanent Nominees & Anor (2012) NSWADT 80 Category: Principal judgment Parties: Pozetu Pty Ltd (applicant) Alexander James Pty Ltd (respondent) Representation: Ms R Francois (applicant) Mr M Southwick (respondent) Surry Partners (applicant) James Legal (respondent) File Number(s): COM 14/45920 and COM 14/45929 Publication restriction: Nil
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