The Organiser Pty Ltd t/as Five Dock Internet Café v Criniti [2016] NSWCATCD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Organiser Pty Ltd t/as Five Dock Internet Café v Criniti [2016] NSWCATCD 5 Hearing dates: 11 December 2015 Decision date: 15 January 2016 Jurisdiction: Consumer and Commercial Division Before: D Bluth, Senior Member Decision: The respondent is to pay to the applicant within 7 days of the publication of these Reasons the sum of $1,397.00 Catchwords: Cost of repair to switchboard, clause 7.4 of the Law Society Commercial Lease Legislation Cited: Electricity (Consumer Safety) Act 2004 Category: Principal judgment Parties: The Organiser Pty Ltd (applicant) Nicolas Francesco Criniti, Kathy Criniti, Francesco Nicola Criniti and Maria Criniti (respondents) Representation: Representatives/Agent: Self (applicant) Time Realty (respondent) File Number(s): COM 15/14576COM 15/42689 Publication restriction: Nil

REASONS FOR DECISION

The Lease 1. This is a dispute between a lessor and a lessee concerning the costs of repair to an electricity switchboard. 2. The applicant and the respondent are parties to a lease for premises at 241 Great North Road, Five Dock for a term of 2 years (although the lease says one year) from 1 January 2015 to 31 December 2016 (the Lease). 3. The applicant is the lessee under the Lease and the lessee is stated in the Lease as The Organiser Pty Ltd t/as Five Dock Internet Café. The form of the Lease is the NSW Law Society Commercial Lease. The permitted use is stated as internet café. 4. Relevant clauses from Annexure B of the Lease are as follows: 7.1.3 The lessor must maintain essential services. 7.4 If an authority requires work to be done on the property and it is structural work or work needed to make the property safe to use then the lessor must do the work unless it is required only because of the way the lessee uses the property. But if it is any other work or is required only because of the way the lessee uses the property then the lessee must do the work. 1. Relevant additional clauses from Annexure A of the Lease are as follows: 9. The lessee shall at his own expense fit out the property with the equipment fittings and fixtures necessary for the conduct of the lessee's business and will keep such equipment, fittings and fixtures in good repair and condition. The lessee shall not … bring into the premises any equipment, furniture or fittings which may cause damage to the premises. 14. The lessor does not warrant the suitability of the premises for any purpose.