NSW Retail Leasing Update - January 2007.
Mondaq Business Briefing › Nbr. 2007, January 2007
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Summary
Armstrong Jones Management Pty Ltd v Saies-Bond and Associates Pty Limited - Case overview
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Extract
NSW Retail Leasing Update - January 2007.
New Leading Authority In Retail Lease Disputes
On November 13 2006, the Administrative Decisions Tribunal (the Tribunal) handed down its decision in the matter of Armstrong Jones Management Pty Ltd v Saies-Bond & Associates Pty Limited [2006] NSWADT 323. The Armstrong Jones decision is likely to become a leading authority in retail lease disputes which involve allegations against a landlord of: pre-lease misrepresentations unconscionable conduct, and failing to mitigate. The Facts Armstrong Jones Management Pty Ltd (the Landlord) granted Saies-Bond & Associates Pty Ltd (the Tenant) a five-year lease of a shop in a newly-established 'bulky goods' style retail shopping centre. The Tenant, a retailer of Balinese style furniture, did not meet turnover expectations and fell into arrears. The Landlord terminated the lease by re-entering the premises and changing the locks. The shop...See the full content of this document
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