Cihan v City Tobacconist Pty Ltd and Gebara [2015] NSWCATCD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cihan v City Tobacconist Pty Ltd and Gebara [2015] NSWCATCD 148 Hearing dates: 25 August 2015 Decision date: 16 December 2015 Jurisdiction: Consumer and Commercial Division Before: D Bluth, Senior Member Decision: The following orders are made: (a) That the first and second respondents jointly and severally pay the applicant the sum of $24,549.40 within 14 days of publication of these Reasons. (b) That the first and second respondents jointly and severally pay the applicant interest from 1 February 2014 at the rate of 15% per annum pursuant to clause 5.1.5 of the Lease totalling $5,775.80 and accruing at the daily rate of $10.09 from 25 August 2015 within 14 days of publication of these Reasons. (c) Costs are reserved. If either party wishes to make submission on costs it can do so within 28 days of the publication of these Reasons, by serving such submission on the other party and the Tribunal, and then either party can have a further 14 days to make a reply, whereupon the question of costs will be determined on the papers. Catchwords: Agreement to surrender lease, estoppel, mitigation of loss by a lessor, clause 12.6 of the Law Society Lease Legislation Cited: Civil and Administrative Tribunal Act, 2013 Evidence Act, 1995 Retail Leases Act, 1994 Cases Cited: Blandino & Ors v Giardi & Ors (2008) ADTAP 55 Karacominakis v Big Country Developments Pty Limited (2000) NSWCA 313 Perpetual Limited v Gelato Ingredients Manufacturers of Australia Pty Ltd [2014] NSW CATCD 25 Pialba Commercial Gardas Pty Ltd v Braxco Pty Ltd & Ors [2011] QCA 148 Yan Gu and Chunhua Tao v Nicole Panetta, Neil Hendry and John Panetta (201) NSWCATCD 247 Category: Principal judgment Parties: Mehmet Cihan (applicant) City Tobacconist Pty Ltd (first respondent) Mohamed Gebara (second respondent) Representation: Counsel: P Folino-Gallo (applicant) Solicitors: Andresakis Lawyers (applicant) Agent:Retail Leases Doctor (first respondent) File Number(s): COM 15/09537 Publication restriction: Nil