ORTI-TULLO & ANOR v. SADEK & ANOR [2001] NSWSC 855

ORTI-TULLO & ANOR v. SADEK & ANOR [2001] NSWSC 855

It was not established on the evidence that the valuer made a mistake with respect to GST or any other kind in determining the market rent, and any alleged mistake would not have been of a kind susceptible to judicial review. The valuer acted within the terms of the contract and applicable valuation principles, so judgment is given for the defendants.

Parties
Plaintiff: Salvatore Orti-Tullo; Plaintiff: Antonia Orti-Tullo; Defendant: Daniel Sadek; Defendant: Liman Sadek
Jurisdiction
Australia
Judgment Date
28 September 2001
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the defendants with costs.
Legal Topics
Rent Review, Valuer's Determination, Impact of GST on Lease Rent, Mistake in Valuation, Finality of Valuer's Determination
Property Law Commercial Leasing Valuation Rent Review Valuer's Determination Impact of GST on Lease Rent Mistake in Valuation Finality of Valuer's Determination

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Parties

Salvatore Orti-Tullo

Plaintiff

Antonia Orti-Tullo

Plaintiff

Daniel Sadek

Defendant

Liman Sadek

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the valuer made a mistake in determining the market rent due to treatment of GST.
  2. 2 Whether the valuer's determination is final and binding under the lease.
  3. 3 Whether the Court should set aside the valuer's determination.

Ratio Decidendi

It was not established on the evidence that the valuer made a mistake with respect to GST or any other kind in determining the market rent, and any alleged mistake would not have been of a kind susceptible to judicial review. The valuer acted within the terms of the contract and applicable valuation principles, so judgment is given for the defendants.

Court Disposition

Judgment for the defendants with costs.

Orders

  • Judgment for the defendants with costs.