Wynne Avenue Property Pty Ltd v MJHQ Pty Ltd [2019] NSWCATAP 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wynne Avenue Property Pty Ltd v MJHQ Pty Ltd [2019] NSWCATAP 41 Hearing dates: 29 January 2019 Date of orders: 15 February 2019 Decision date: 15 February 2019 Jurisdiction: Appeal Panel Before: The Hon F Marks Principal Member J McAteer Senior Member Decision: (1) Appeal allowed (2) Declaration that the notice to terminate issued by the appellant is invalid is quashed (3) Declare that the notice to terminate issued by the appellant to the respondent dated 25 August 2017 is a valid notice under the Retail Leases Act 1994 (4) By consent, that the respondent deliver up vacant possession to the appellant of the premises located at Shop 0052, Burwood Plaza, 42 Railway Parade, Burwood NSW 2134 on 15 March 2019 and that the lease of the premises will be terminated on 15 March 2019. (5) Costs are reserved with liberty to apply which must be exercised within one month of this date. Catchwords: APPEAL-retail lease-demolition notice-held a genuine proposal to demolish under s 35 Retail Leases Act 1994 (NSW)-appeal upheld Retail leases-industry practice under s 78 Retail Leases Act-held necessary to adduce evidence Legislation Cited: Retail Leases Act 1994 Cases Cited: Blackler v Felpure Pty Ltd [1999] NSWSC 958 Skiwing Pty Ltd v Trust Company of Australia (trading as Stockland Property Management) [2006] NSWCA 276 Hampton Court Pty Limited v Crooks [1957] HCA 28. Helen Lazaros t/as Perfect Health v IOF Custodian Pty Ltd [2015] NSWCATAD 25 Texts Cited: Nil Category: Principal judgment Parties: Wynne Avenue Property Pty Ltd (Appellant) MJHQ Pty Ltd (Respondent) Representation: Counsel: A Fernon (Appellant)