Helen Lazaros t/as Perfect Health v IOF Custodian Pty Limited [2015] NSWCATCD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Helen Lazaros t/as Perfect Health v IOF Custodian Pty Limited [2015] NSWCATCD 25 Hearing dates: 17 March 2015 Decision date: 10 April 2015 Jurisdiction: Consumer and Commercial Division Before: D Bluth, Senior Member Decision: The Application is dismissed No order for costs Catchwords: Validity of Demolition Notice, s35 Retail Leases Act, 1994 Legislation Cited: Retail Leases Act 1994 Cases Cited: Blackler v Felpure Pty Ltd [1999] NSWSC 958

Certain Lloyds Underwriters v Cross [2012] HCA 56

Premprop Pty Ltd v Mandalong Projects Pty Ltd [2011] NSWADT 274

Smith trading as Flames Grill and Carvey v Trust Company of Australia Ltd [2008] NSWADT 10

Wong v Silkfield Pty Ltd [1999] HCA 48 Category: Principal judgment Parties: Helen Lazaros t/as Perfect Health (applicant) IOF Custodian Pty Limited (respondent) Representation: Counsel: Mr Victor Kerr (applicant) Mr Guy Parker SC (respondent)

Solicitors: David Landa Stewart (applicant) Mills Oakley, Lawyers (respondent) File Number(s): COM 15/06466 Publication restriction: Nil

REASONS FOR DECISION 1. The Applicant, Helen Lazaros trading as Perfect Health, filed an Application for an Original Decision on 6 February 2015 consequent upon receipt of a demolition notice issued by the Respondent, IOF Custodian Pty Limited (IOF), requiring the applicant to vacate a retail premises being shop F4, Food Court, 99 Walker Street, North Sydney (the shop) by close of business on 2 March 2015. 2. By that Application filed under COM 15/06466 the Applicant sought a number of declaratory orders from the Tribunal to the effect that the demolition notice was invalid and of no effect. At the same time the Applicant filed a Retail Leases Application for Interim Orders under file number COM 15/06464 seeking an order of the Tribunal, that IOF be restrained from excluding the Applicant from the shop and be restrained from interfering with the applicant's use and occupation of the shop. 3. The Application for Interim Orders was heard on 26 February 2015. Mr Victor Kerr appeared for the Applicant and Mr Guy Parker SC appeared on behalf of IOF. The Tribunal on 10 March 2015 granted the orders sought until resolution of the underlying dispute between the parties. 4. That dispute was heard by the Tribunal on 17 March 2015. The same Counsel that represented the parties in the Application for Interim Orders appeared before the Tribunal.