NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fedeli and Santopadre v Alex Constructions Pty Ltd [2016] NSWCATCD 34 Hearing dates: 2, 3 March, 14 May, 15 June 2015 Decision date: 04 March 2016 Jurisdiction: Consumer and Commercial Division Before: D Bluth, Senior Member Decision: 1. The option to renew was exercised in accordance with the terms of the Lease.
2. The Applicants are entitled to the option to renew the Lease notwithstanding the s133E Notice.
3. The Applicants are entitled to the option to renew the Lease notwithstanding a breach of clause 4.2.2.
4. Any costs application pursuant to section 60 of the Civil and Administrative Tribunal Act 2013 or Rule 38 of the Civil and Administrative Tribunal Rule 2014 must be lodged in the Tribunal and served on the costs respondent within 21 days of the date of this order either attaching or referring to the documents relied upon in support of the application.
5. The costs respondent will have 21 days after the date of receipt of the costs application referred to above, to lodge in the Tribunal and serve on the costs applicant the submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 6. The cost applicant will have 14 days after the date of receipt of the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent the submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon.
7. The Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: Clause 4 of the Law Society Commercial Lease, exercise of option to renew by a solicitor, solicitor's authority to issue and receive notices under the Lease and the Conveyancing Act, validity of s133E Notice under the Conveyancing Act and the doctrine of approbation and reprobation Legislation Cited: Conveyancing Act 1919 Retail Leases Act, 1994 Cases Cited: C & P Syndicate Pty Ltd v Reading [2013] NSW SC 43
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