Progressive Restaurants Australia Pty Ltd v Chase Byron Developments Pty Ltd [2013] NSWADT 163
Mr Drew Roberts was appointed as the Specialist Retail Valuer because his quote was the lowest, it included travel and accommodation expenses, he was located closer to the premises, was qualified, available, had no conflict of interest, and was not objected to by either party.
- Parties
- Applicant: Progressive Restaurants Australia Pty Ltd; Respondent: Chase Byron Developments Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 04 July 2013
- Procedural Posture
- Application for Appointment of Specialist Retail Valuer / Determination of Appointment
- Outcome
- Application granted; Mr Drew Roberts appointed as Specialist Retail Valuer.
- Legal Topics
- Appointment of Specialist Retail Valuer, Rent Review, Retail Leases Act 1994
Case Brief
Summary, issues, holding and outcome
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Parties
Progressive Restaurants Australia Pty Ltd
Applicant
Chase Byron Developments Pty Ltd
Respondent
Procedural Posture
Application for Appointment of Specialist Retail Valuer / Determination of Appointment
Legal Issues
- 1 Whether a Specialist Retail Valuer should be appointed under the Retail Leases Act 1994 for a current market rent review
Ratio Decidendi
Mr Drew Roberts was appointed as the Specialist Retail Valuer because his quote was the lowest, it included travel and accommodation expenses, he was located closer to the premises, was qualified, available, had no conflict of interest, and was not objected to by either party.
Court Disposition
Application granted; Mr Drew Roberts appointed as Specialist Retail Valuer.
Orders
- I appoint Mr Drew Roberts as the Specialist Retail Valuer.
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