Alex Constructions Pty Ltd v Gabriella Fedeli and Domenico Santapadre [2014] NSWCATCD 217

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alex Constructions Pty Ltd v Gabriella Fedeli and Domenico Santapadre [2014] NSWCATCD 217 Hearing dates: 2 October 2014 on the papers Decision date: 28 October 2014 Jurisdiction: Consumer and Commercial Division Before: D Bluth, Senior Member Decision: The rent is increased annually by Method 2 being by increase in accordance with the Consumer Price Index (CPI). Catchwords: Renewal of lease, rent review void pursuant to section 18(3)(c) of the Retail Leases Act Legislation Cited: Real Property Act 1900 Retail Leases Act 1974 Cases Cited: Connor Hunter [A Firm] v Keencrest Pty Ltd (2009) QCA 156 Menuko Pty Ltd v Tinine Group Pty Ltd [2007] NSWADT 149 Category: Principal judgment Parties: Alex Constructions Pty Ltd (applicant) Gabriella Fideli and Domenico Santopadre (respondent) Representation: Solicitors: ALC Legal (applicant) Giles Payne & Co (respondent) File Number(s): COM 14/08480 Publication restriction: Nil

REASONS FOR DECISION 1. This matter relates to a dispute between a tenant and landlord regarding the application of rent reviews within the lease. 2. The hearing was on the papers with submissions from the parties. ALC Legal appeared on behalf of the landlord Alex Constructions Pty Limited (the lessor) and Giles Payne & Co appeared on behalf of the tenant Gabriella Fedeli and Domenico Santapadre (the Lessee).

History of the matter 1. The Lessor is the owner of a building at 496 Bourke Street, Surry Hills and leased the locked up Shop (the premises) to the Lessee commencing on 1 November 2003 for a five year term with an option to renew for a further five years. That lease was renewed by a further lease of five years commencing on 1 November 2008 with two options of five years [the Lease]. 2. The commencing rent under the Lease was $64,680.00 plus GST. The permitted use is a restaurant. It is a retail lease under the Retail Leases Act 1994 (RL Act).