Coco Chocolates Pty Limited v Lotz [2013] NSWADT 83

Coco Chocolates Pty Limited v Lotz [2013] NSWADT 83

The Tribunal found that Coco had not breached essential terms of the lease nor committed repudiatory conduct. Any procedural breaches were either waived, rectified, or unsupported by evidence. There was no entitlement for Lotz to forfeit the lease, and both applications were dismissed.

Parties
Applicant in 125042 / Respondent in 125074: Coco Chocolates Pty Ltd; Respondent in 125042 / Applicant in 125074: Debrah Lotz; Guarantor: Rebecca Kerswell
Jurisdiction
Australia
Judgment Date
19 April 2013
Procedural Posture
Retail Tenancy Claim / Principal Judgment
Outcome
Both applications dismissed.
Legal Topics
Retail Leases, Forfeiture of Lease, Breach of Essential Terms, Repudiation, Relief Against Forfeiture
Property Law Contract Law Retail Leases Forfeiture of Lease Breach of Essential Terms Repudiation Relief Against Forfeiture

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Parties

Coco Chocolates Pty Ltd

Applicant in 125042 / Respondent in 125074

Debrah Lotz

Respondent in 125042 / Applicant in 125074

Rebecca Kerswell

Guarantor

Procedural Posture

Retail Tenancy Claim / Principal Judgment

Legal Issues

  1. 1 Whether breaches of essential terms of the lease occurred
  2. 2 Whether conduct amounted to repudiation entitling forfeiture
  3. 3 Whether relief against forfeiture should be granted

Ratio Decidendi

The Tribunal found that Coco had not breached essential terms of the lease nor committed repudiatory conduct. Any procedural breaches were either waived, rectified, or unsupported by evidence. There was no entitlement for Lotz to forfeit the lease, and both applications were dismissed.

Court Disposition

Both applications dismissed.

Orders

  • The application in proceedings 125074 is dismissed.
  • The application in proceedings 125042 is dismissed.