Nulla Nulla Holdings Pty Limited v 75 Cronulla Street Pty Ltd [2012] NSWADT 71

Nulla Nulla Holdings Pty Limited v 75 Cronulla Street Pty Ltd [2012] NSWADT 71

Nulla Nulla is not entitled to reimbursement of management fees nor rent abatement as neither nondisclosure nor damage affected usability of the shop in the manner required by the Act; limitation periods preclude recovery of fees paid more than 3 years prior to claim; notices issued by Cronulla Street are void or invalid; relief against forfeiture granted as applicant's withholding of rent was not sufficient grounds for forfeiture and would not be inequitable.

Jurisdiction
Australia
Judgment Date
26 April 2012
Procedural Posture
Retail Tenancy Dispute / Final Principal Judgment
Outcome
Applicant's claims for reimbursement and rent abatement dismissed; applicant remains liable for all rent and outgoings under the lease; respondent's applications for default declarations and lease conversion dismissed; notices by respondent declared void; applicant granted relief against forfeiture; tenure...
Legal Topics
['retail Leases' 'rent Abatement' 'recovery of Outgoings' 'relief Against Forfeiture' 'lease Disclosure Requirements']
['property Law' 'commercial Law'] ['retail Leases' 'rent Abatement' 'recovery of Outgoings' 'relief Against Forfeiture' 'lease Disclosure Requirements']

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Procedural Posture

Retail Tenancy Dispute / Final Principal Judgment

Legal Issues

  1. 1 ['Whether Nulla Nulla Holdings Pty Ltd is entitled to reimbursement of outgoings (management fees) paid pursuant to its leases due to alleged nondisclosure and improper specification in the lease' 'Whether Nulla Nulla Holdings Pty Ltd is entitled to abatement of rent due to alleged damage and usability reduction in the premises' 'Whether Nulla Nulla Holdings Pty Ltd is liable for past and future rent and outgoings under the lease' 'Whether the notices issued by 75 Cronulla Street Pty Ltd (including notice of default and conversion) are valid' 'Whether relief against forfeiture should be granted to Nulla Nulla Holdings Pty Ltd']

Ratio Decidendi

Nulla Nulla is not entitled to reimbursement of management fees nor rent abatement as neither nondisclosure nor damage affected usability of the shop in the manner required by the Act; limitation periods preclude recovery of fees paid more than 3 years prior to claim; notices issued by Cronulla Street are void or invalid; relief against forfeiture granted as applicant's withholding of rent was not sufficient grounds for forfeiture and would not be inequitable.

Court Disposition

Applicant's claims for reimbursement and rent abatement dismissed; applicant remains liable for all rent and outgoings under the lease; respondent's applications for default declarations and lease conversion dismissed; notices by respondent declared void; applicant granted relief against forfeiture; tenure...

Orders

  • ['Claim by Nulla Nulla Holdings Pty Ltd for reimbursement of outgoings dismissed.' 'Claim for abatement of rent dismissed.' 'Nulla Nulla Holdings Pty Ltd declared liable for all past and future rent and outgoings as per lease commencing 1 September 2009, including management fees.' 'Application by 75 Cronulla Street...