Cafe Di Vinci Pty Ltd v Ross Neilson Properties Pty Ltd [2001] RSLT 14

1 [2001] RSLT 14 THE RETAIL SHOP LEASES ACT In the matter of Dispute 72/01 CAFÉ DI VINCI PTY LIMITED - Claimant - and - ROSS NEILSON PROPERTIES PTY LIMITED - Respondent DECISION Given in Brisbane on 15 October, 2001. -- 1 of 2 -- Café di Vinci-v-Ross Neilson Prop 2 Decision The position here is that the lease under which the claim is brought was assigned by the claimant to some third party who by deed dated 13th July 1999 surrendered the lease. The effect of such a surrender is to end the lease on that date for all effective purposes. I have set out the history of the introduction of section 63.1(b) of the Retail Shop Leases Act of 1994. The purpose of this section is to stop the Tribunal hearing matters unless proceedings are instituted within four months of the lease being determined. That is plainly and simply the intention of the section as introduced by amendment. The Tribunal must act without formality and without technicality, and my conclusion is therefore that to refer the matter for further argument would only result in adopting a technical or formal approach, when inevitably the result must be that the claim is finally dismissed. P V Loewenthal, Chairman. -- 2 of 2 --