Zeaiter Corporate Holdings Pty Ltd v Satchithanantham

CITATION:	Zeaiter Corporate Holdings Pty Ltd v Satchithanantham [2008] NSWADT 165
DIVISION:	Retail Leases Division
PARTIES:	APPLICANT/CROSS RESPONDENT Zeaiter Corporate Holdings Pty Ltd RESPONDENT/CROSS APPLICANT Hemalathasothy Ranjini Satchithanantham
FILE NUMBER:	055131
HEARING DATES:	5-6 September 2007, 10-11 October 2007
SUBMISSIONS CLOSED:	7 March 2008
DATE OF DECISION:	10 June 2008
BEFORE:	Chesterman M - ADCJ (Deputy President); Fagg N - (Advisory) Non Judicial Member ; Griffiths G - (Advisory) Non Judicial Member
CATCHWORDS:	Claim for compensation - misleading or deceptive conduct - - claim for declaration of rights, obligations and liabilities under a lease - claim for payment of money - claim for restoration of possession of premises - damages - unconscionability
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Retail Leases Amendment Act 2005
CASES CITED:	Aspromonte Pty Ltd v Zagari [1999] NSWSC 831 Attorney General of New South Wales v World Best Holdings Ltd (2005) 63 NSWLR 557 Satchi & Satchi Australia Pty Ltd & Ors v Zeaiter Corporate Holdings Pty Ltd [2008] NSWSC 411 Satchithanantham v Zeaiter Corporate Holdings Pty Ltd (RLD) [2007] NSWADTAP 74
REPRESENTATION:	APPLICANT/CROSS RESPONDENT A R Vincent, barrister RESPONDENT/CROSS APPLICANT T Satchithanantham, agent
ORDERS:	1. The Respondent/Cross Applicant is to pay to the Applicant/Cross Respondent the sum of $70,187.78, comprising (a) a principal sum of $52,330.01 and (b) interest amounting to $17,857.77 2. The cross claim filed by the Respondent/Cross Applicant is dismissed 3. Any application for costs in these proceedings must be filed and served, with supporting submissions, within 28 days of the date of this decision. The opposing party must file and serve submissions in reply within a further 28 days. Unless reasons are advanced for a hearing to be conducted, the matter will be resolved ‘on the papers’, pursuant to section 76 of the Administrative Decisions Tribunal Act 1997.

REASONS FOR DECISION

Introduction

1 In this case, the principal issue requiring resolution was whether the rent due under a lease governed by the Retail Leases Act 1994 (hereafter ‘the RL Act’) was a figure initially quoted in a draft disclosure statement and a draft lease as the monthly rent, or the same figure specified in the executed and registered lease as the weekly rent.

2 On 8 February 2005, the Applicant/Cross Respondent, Zeaiter Corporate Holdings Pty Ltd (hereafter ‘Zeaiter’) commenced these proceedings in the Local Court at Bankstown. In June 2005, the Respondent/Cross Applicant, Mrs Hemalathasothy Ranjini Satchithanantham, filed grounds of defence and a notice of cross claim.

3 In this judgment, the Respondent/Cross Applicant will henceforth be referred to as ‘Mrs Satchi’. She and her husband, who appeared as her agent, agreed during the proceedings to this abbreviation of their surname.

4 The proceedings were transferred to the Local Court at Sydney during August 2005. On 15 September 2005, the Local Court ordered by consent that they be transferred to the Tribunal under section 75 of the RL Act. Although the normal practice of the Tribunal is to give separate file…