Daimantis v Woods [2008] NSWADT 204
The photographs showed the premises to be a factory for assembly of aluminium profiles with no display area or actual displays, and the Applicant admitted the premises were used for storage of windows and profiles while a showroom was elsewhere. The predominant use was therefore not a building supply shop, the premises fell outside the scheduled retail use, and the Tribunal had no jurisdiction.
- Jurisdiction
- Australia
- Judgment Date
- 24 July 2008
- Procedural Posture
- Retail Leases Division Application / Interlocutory Matter
- Outcome
- Application dismissed, no order as to costs.
- Legal Topics
- ['retail Leases Act 1994' 'scheduled Retail Shop Use' 'building Supplies Shop' 'predominant Use of Premises' 'application for Interim Orders']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Retail Leases Division Application / Interlocutory Matter
Legal Issues
- 1 ['Whether the premises at 7/59 Moxon Road, Punchbowl were used for a scheduled purpose under the Retail Leases Act 1994, specifically as a building supplies shop.' 'Whether the Tribunal had jurisdiction to determine the application.']
Ratio Decidendi
The photographs showed the premises to be a factory for assembly of aluminium profiles with no display area or actual displays, and the Applicant admitted the premises were used for storage of windows and profiles while a showroom was elsewhere. The predominant use was therefore not a building supply shop, the premises fell outside the scheduled retail use, and the Tribunal had no jurisdiction.
Court Disposition
Application dismissed, no order as to costs.
Orders
- ['Application dismissed, no order as to costs.']
Full Case Text
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