Akora (Bondi Junction) Pty Limited v Buttrose [2008] NSWADT 275

Akora (Bondi Junction) Pty Limited v Buttrose [2008] NSWADT 275

The Respondent did not prove that the premises were not used wholly or predominantly for Schedule 1 businesses. The accepted evidence showed that the premises were used as a bakery and takeaway food shop, with only a minor administrative office use, and that the catering business was conducted from Balmain rather...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 October 2008
Procedural Posture
Retail Lease Proceedings Concerning Jurisdiction / Final Determination of Jurisdiction Issue and Directions
Outcome
The Tribunal declared that it had jurisdiction; the Respondent's Application for Declaration was dismissed; the Applicant's Application for Interim Orders was adjourned; costs were reserved.
Legal Topics
['retail Shop Lease' 'retail Leases Act 1994' 'schedule 1 Prescribed Businesses' 'bakery and Takeaway Food Shop' 'final Determination of Jurisdiction']
['retail Leases' 'administrative Tribunal Jurisdiction'] ['retail Shop Lease' 'retail Leases Act 1994' 'schedule 1 Prescribed Businesses' 'bakery and Takeaway Food Shop' 'final Determination of Jurisdiction']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Retail Lease Proceedings Concerning Jurisdiction / Final Determination of Jurisdiction Issue and Directions

Legal Issues

  1. 1 ['Whether the premises were a retail shop and the lease a retail shop lease within the meaning of the Retail Leases Act 1994.' 'Whether the Tribunal had jurisdiction to hear and determine the Application for Original Decision filed 24 September 2007.' "Whether the Respondent's Application for Declaration that the Tribunal had no jurisdiction should be granted."]

Ratio Decidendi

The Respondent did not prove that the premises were not used wholly or predominantly for Schedule 1 businesses. The accepted evidence showed that the premises were used as a bakery and takeaway food shop, with only a minor administrative office use, and that the catering business was conducted from Balmain rather than the leased premises. The premises therefore fell within the Retail Leases Act 1994 and the Tribunal had jurisdiction.

Court Disposition

The Tribunal declared that it had jurisdiction; the Respondent's Application for Declaration was dismissed; the Applicant's Application for Interim Orders was adjourned; costs were reserved.

Orders

  • ['Declaration that the Tribunal has jurisdiction to hear and determine the Application for Original Decision filed 24 September 2007.' 'The Application for Declaration filed by the Respondent 22 August 2008 is dismissed.' 'The Application for Interim Orders filed by the Applicant 5 September 2008 is adjourned for...