Criniti v The Organisers Pty Ltd t/as Five Dock Internet Cafe [2015] NSWCATCD 87

Criniti v The Organisers Pty Ltd t/as Five Dock Internet Cafe [2015] NSWCATCD 87

Orders were set aside as lessor was not notified of the hearing, denying them the opportunity to present their case; both parties should be allowed to file and exchange evidence before determination of contested issues.

Parties
Applicants: Nicolas, Kathy, Francesco, Nicola and Maria Criniti; Respondent: The Organisers Pty Ltd t/as Five Dock Internet Cafe
Jurisdiction
Australia
Judgment Date
17 July 2015
Procedural Posture
Tribunal Application to Set Aside Orders / Post Hearing Application, Orders Made
Outcome
Orders 3 and 4 made by the Tribunal on 2 June 2015 are set aside; further directions for evidence exchange and hearing
Legal Topics
Retail Lease Dispute, Security Deposit, Switchboard Upgrade, Access to Premises, Mediation Requirement
Retail Tenancy Consumer Law Retail Lease Dispute Security Deposit Switchboard Upgrade Access to Premises Mediation Requirement

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Parties

Nicolas, Kathy, Francesco, Nicola and Maria Criniti

Applicants

The Organisers Pty Ltd t/as Five Dock Internet Cafe

Respondent

Procedural Posture

Tribunal Application to Set Aside Orders / Post Hearing Application, Orders Made

Legal Issues

  1. 1 Whether orders made in absence of lessor should be set aside
  2. 2 Entitlement to security deposit refund
  3. 3 Responsibility for switchboard upgrade costs

Ratio Decidendi

Orders were set aside as lessor was not notified of the hearing, denying them the opportunity to present their case; both parties should be allowed to file and exchange evidence before determination of contested issues.

Court Disposition

Orders 3 and 4 made by the Tribunal on 2 June 2015 are set aside; further directions for evidence exchange and hearing

Orders

  • Orders 3 and 4 made by the Tribunal on 2 June 2015 in proceedings COM 15/14576 are set aside.
  • The lessor must commence an application in the Tribunal against the lessee within fourteen days of the date of this order.