Criniti v The Organisers Pty Ltd t/as Five Dock Internet Cafe [2015] NSWCATCD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Criniti v The Organisers Pty Ltd t/as Five Dock Internet Cafe [2015] NSWCATCD 87 Hearing dates: 13 July 2015 Decision date: 17 July 2015 Jurisdiction: Consumer and Commercial Division Before: S Westgarth, Deputy President Decision: 1. Orders 3 and 4 made by the Tribunal on 2 June 2015 in proceedings COM 15/14576 are set aside. 2. The lessor must commence an application in the Tribunal against the lessee within fourteen days of the date of this order for the purposes of seeking whatever orders the lessor wishes to seek against the lessee and such application shall be accompanied by the appropriate certificate concerning mediation. The application will be accompanied by all evidence, statements and other material which the lessor wishes to rely upon in support of its application. 3. At the time of filing the application referred to above the lessor will serve a copy of the application and supporting evidence, material and statements upon the lessee. Within fourteen days of the receipt of the lessor's application, evidence and statements the lessee will file and serve it's evidence, statements and any other material upon which the lessee wishes to rely in defence of the lessor's application. 4. The proceedings will then be listed after 15 August 2015 for hearing. 5. If these orders cannot be or are not complied with either party may request the Tribunal to list the proceedings for further directions. Legislation Cited: Retail Leases Act 1994 Civil and Administrative Tribunal Regulation 2013 Category: Principal judgment Parties: Nicolas, Kathy, Francesco, Nicola and Maria Criniti (applicants) The Organiser Pty Ltd t/as Five Dock Internet Café (respondent) Representation: Applicants: Miss D. Alpha, managing agent Respondent: Ms C. Bellavia File Number(s): COM 15/37683 Publication restriction: Nil