Zeaiter Corporate Holdings Pty Ltd v Satchithanantham [2008] NSWADT 165

Zeaiter Corporate Holdings Pty Ltd v Satchithanantham [2008] NSWADT 165

The rent agreed was $1,100 per week plus GST, as in the registered lease, not $1,100 per month. There was no consensus or binding agreement at the draft lease figures. There was no misleading, deceptive or unconscionable conduct by Zeaiter. Repossession on 12 July 2004 was valid under the terms of the registered lease as there were arrears of more than 14 days. Zeaiter is entitled to the shortfall between monies received and those due, plus interest.

Parties
Applicant/cross Respondent: Zeaiter Corporate Holdings Pty Ltd; Respondent/cross Applicant: Hemalathasothy Ranjini Satchithanantham
Jurisdiction
Australia
Judgment Date
10 June 2008
Procedural Posture
Retail Tenancy Dispute / Final Decision at Tribunal, Following Transferred Proceedings and Hearing
Outcome
Applicant's claim upheld. Respondent's cross-claim dismissed.
Legal Topics
Retail Leases, Rent Calculation, Misleading or Deceptive Conduct, Unconscionable Conduct, Damages, Lease Termination
Commercial Law Property Law Retail Leases Rent Calculation Misleading or Deceptive Conduct Unconscionable Conduct Damages Lease Termination

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Parties

Zeaiter Corporate Holdings Pty Ltd

Applicant/cross Respondent

Hemalathasothy Ranjini Satchithanantham

Respondent/cross Applicant

Procedural Posture

Retail Tenancy Dispute / Final Decision at Tribunal, Following Transferred Proceedings and Hearing

Legal Issues

  1. 1 Whether the rent due under the lease was the figure stated in the draft disclosure/lease as monthly rent or as weekly rent in the registered lease
  2. 2 Whether there was misleading or deceptive conduct or unconscionable conduct by Zeaiter
  3. 3 Whether repossession of the premises was lawful

Ratio Decidendi

The rent agreed was $1,100 per week plus GST, as in the registered lease, not $1,100 per month. There was no consensus or binding agreement at the draft lease figures. There was no misleading, deceptive or unconscionable conduct by Zeaiter. Repossession on 12 July 2004 was valid under the terms of the registered lease as there were arrears of more than 14 days. Zeaiter is entitled to the shortfall between monies received and those due, plus interest.

Court Disposition

Applicant's claim upheld. Respondent's cross-claim dismissed.

Orders

  • Respondent/Cross Applicant to pay Applicant/Cross Respondent $70,187.78, comprising $52,330.01 principal and $17,857.77 interest.
  • Cross claim by Respondent/Cross Applicant dismissed.