Ull Pty Ltd v Adwell Holdings Pty Ltd and Adwell Holdings Pty Ltd v Ull Pty Ltd [2009] NSWADT 246

Ull Pty Ltd v Adwell Holdings Pty Ltd and Adwell Holdings Pty Ltd v Ull Pty Ltd [2009] NSWADT 246

The Tribunal found that the parties negotiated the lease on commercial terms, both had professional advice, the rent agreed upon was within the reasonable range of expert valuations, and there was no evidence of unconscionable conduct by Adwell Holdings. Ull Pty Ltd's claim for variation or damages failed and Adwell's adjusted claim for outgoings succeeded.

Jurisdiction
Australia
Judgment Date
24 September 2009
Procedural Posture
Tribunal Decision in Retail Leasing Dispute and Counterclaim for Outgoings / Final Decision After Hearing and Submissions
Outcome
Applicant's amended application dismissed; respondent's claim for outgoings allowed in part.
Legal Topics
['retail Leases' 'unconscionability' 'market Rent Valuation' 'outgoings in Retail Leases']
['commercial Law' 'property Law'] ['retail Leases' 'unconscionability' 'market Rent Valuation' 'outgoings in Retail Leases']

Case Brief

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Procedural Posture

Tribunal Decision in Retail Leasing Dispute and Counterclaim for Outgoings / Final Decision After Hearing and Submissions

Legal Issues

  1. 1 ['Whether the rent payable under the Second Lease should be varied to reflect market rent or was unconscionable' 'Whether Adwell Holdings acted unconscionably or contravened sections of the Retail Leases Act 1994' 'Whether Ull Pty Ltd was liable for the payment of outgoings for the First Lease period']

Ratio Decidendi

The Tribunal found that the parties negotiated the lease on commercial terms, both had professional advice, the rent agreed upon was within the reasonable range of expert valuations, and there was no evidence of unconscionable conduct by Adwell Holdings. Ull Pty Ltd's claim for variation or damages failed and Adwell's adjusted claim for outgoings succeeded.

Court Disposition

Applicant's amended application dismissed; respondent's claim for outgoings allowed in part.

Orders

  • ['Amended application by Ull Pty Ltd dismissed.' 'Order in favour of Adwell Holdings Pty Ltd on its application in the sum of $3,237.88 plus interest from 22nd January 2006.' 'No order as to costs.']