Makris v Lafiatis [2007] NSWADT 143

Makris v Lafiatis [2007] NSWADT 143

A Retail Shop Lease existed on the terms set out in the lease document marked 'A', with the Applicant entitled to possession of the entire premises. The Respondents' actions in leasing parts of the premises to third parties without the Applicant's consent and retaining rental income constituted breaches of the Lease, entitling the Applicant to recover these sums and to be restored to full possession.

Parties
Applicant: Zois Makris; Respondent: George Lafiatis; Respondent: Vicki Lafiatis
Jurisdiction
Australia
Judgment Date
28 June 2007
Procedural Posture
Application / Principal Matter – Extempore Decision
Outcome
Orders made in favour of the Applicant
Legal Topics
Retail Leases, Lease Agreements, Possession of Premises, Payment of Money
Property Law Commercial Law Retail Leases Lease Agreements Possession of Premises Payment of Money

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Parties

Zois Makris

Applicant

George Lafiatis

Respondent

Vicki Lafiatis

Respondent

Procedural Posture

Application / Principal Matter – Extempore Decision

Legal Issues

  1. 1 Whether a Retail Shop Lease exists between the parties for 320 Bronte Road, Waverley
  2. 2 Whether the Applicant is in compliance with all obligations as Lessee under the Lease
  3. 3 Whether the Respondents breached the Lease by leasing part of the premises to other parties and retaining rental income

Ratio Decidendi

A Retail Shop Lease existed on the terms set out in the lease document marked 'A', with the Applicant entitled to possession of the entire premises. The Respondents' actions in leasing parts of the premises to third parties without the Applicant's consent and retaining rental income constituted breaches of the Lease, entitling the Applicant to recover these sums and to be restored to full possession.

Court Disposition

Orders made in favour of the Applicant

Orders

  • Declaration that a Retail Shop Lease exists between the parties in accordance with the Lease marked 'A'.
  • Respondents must provide a properly executed and registered lease within 14 days.