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ARTICLE · 12 JANUARY 2007

NSW Retail Leasing Update – January 2007

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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.

AustraliaReal Estate and Construction

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.

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