Charlie Bridge Street Pty Ltd v Petrazzuolo; Petrazzuolo v Charlie Bridge Street Pty Ltd [2019] NSWCATCD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Charlie Bridge Street Pty Ltd v Petrazzuolo; Petrazzuolo v Charlie Bridge Street Pty Ltd [2019] NSWCATCD 1 Hearing dates: 15 June 2018 Date of orders: 01 February 2019 Decision date: 01 February 2019 Jurisdiction: Consumer and Commercial Division Before: D Bluth, Senior Member Decision: 1. Clause 12.2.4 of the Law Society Commercial Lease is contrary to s129 (10) of the Conveyancing Act, 1919.

2. The applicant's Retail Lease claim (Com 17/52559) is dismissed.

3. Charlie Bridge Street Pty Ltd is to pay Rafaelle Petrazzuolo and Laura Mary Petrazzuolo the sum of $50,294.20 within 14 days of publication of these reasons.

4. Charlie Bridge Street Pty Ltd is to pay Rafaelle Petrazzuolo and Laura Mary Petrazzuolo's costs as agreed or as assessed in accordance with the applicable costs assessment legislation. Catchwords: Lessor's right to terminate lease, clause 12.2.4 of Law Society Commercial Lease Legislation Cited: Civil and Administrative Tribunal Act 2013 Conveyancing Act 1919 Retail Leases Act 1994 Cases Cited: CAC Pty Ltd v Diamond Hill International Pty Ltd (1996) 7 BPR 14, 754 Cihan v City Tobacconist Pty Ltd & Gebara [2015] NSWCATCD 148 MI Design Pty Ltd v Dunecar Pty Ltd & Ors [2000] NSWSC 996 Shevill and Anor v Builders Licensing Board [1982] 42ALR 305 Wash Investments Pty Limited v SCK Properties Pty Ltd [2016] QCA 258 Texts Cited: Langs Commercial Leasing in Australia Category: Principal judgment Parties: In COM 17/52559: Charlie Bridge Street Pty Ltd (Applicant) Rafaelle and Laura Mary Petrazzuolo (Respondents)