Webb v Clifton [2008] NSWADT 132

Webb v Clifton [2008] NSWADT 132

The dispute about access to the leased retail premises to remove goods and chattels arose in connection with the use or occupation of the retail shop and was therefore within the Tribunal's jurisdiction as a retail tenancy dispute and retail tenancy claim under the Retail Leases Act 1994. Because the Respondent was prepared to permit access for removal of the goods but the earlier access period was too wide, and because the Applicant required more than one week, the proper order was to rescind the 27 March 2008 orders and make a narrower access order ending at 5.00pm on 13 April 2008.

Jurisdiction
Australia
Judgment Date
01 April 2008
Procedural Posture
Retail Tenancy Claim Under the Retail Leases Act Concerning Access to Leased Premises to Remove Goods and Chattels / Application for Original Decision and Urgent Interim Order; Ex Tempore Decision After Respondent Sought to Be Heard on Interim Orders
Outcome
Orders made on 27 March 2008 rescinded; respondent ordered to permit access for removal of goods; proceedings adjourned with a view to dismissal.
Legal Topics
['retail Tenancy Dispute' 'tribunal Jurisdiction' 'interim Orders' 'access to Premises' 'removal of Goods and Chattels' 'rent Arrears']
['retail Leases' 'administrative Law'] ['retail Tenancy Dispute' 'tribunal Jurisdiction' 'interim Orders' 'access to Premises' 'removal of Goods and Chattels' 'rent Arrears']

Case Brief

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Procedural Posture

Retail Tenancy Claim Under the Retail Leases Act Concerning Access to Leased Premises to Remove Goods and Chattels / Application for Original Decision and Urgent Interim Order; Ex Tempore Decision After Respondent Sought to Be Heard on Interim Orders

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction under the Retail Leases Act 1994 to determine a dispute seeking access to retail shop premises for removal of goods and chattels after lockout.' 'Whether the interim access orders made on 27 March 2008 should be rescinded or varied after hearing the respondent.' 'What period of access should be permitted for the applicant to remove goods owned by him or held on consignment.']

Ratio Decidendi

The dispute about access to the leased retail premises to remove goods and chattels arose in connection with the use or occupation of the retail shop and was therefore within the Tribunal's jurisdiction as a retail tenancy dispute and retail tenancy claim under the Retail Leases Act 1994. Because the Respondent was prepared to permit access for removal of the goods but the earlier access period was too wide, and because the Applicant required more than one week, the proper order was to rescind the 27 March 2008 orders and make a narrower access order ending at 5.00pm on 13 April 2008.

Court Disposition

Orders made on 27 March 2008 rescinded; respondent ordered to permit access for removal of goods; proceedings adjourned with a view to dismissal.

Orders

  • ['I rescind the Orders made 27 March 2008' 'The Respondent, on Wednesday 2 April 2008 from 9.00am until 10.00pm and thereafter on each week day and weekend between the hours of 9.00am and 10.00pm until 5.00pm 13 April 2008, permit the Applicant access to the premises; 74-78 Bloomfield Street, Gunnedah for the...