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Legislative Assembly for the ACT: 1997 Week 8 Hansard (28 August) . . Page.. 2672 ..


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(2) How many applications have been before the Tribunal?

I have been advised that there have been 14 cases heard by the Tribunal involving 17 separate hearings. Of these cases, one case involved three hearings and another case involved two hearings. I am further advised that there are presently seven matters awaiting hearing, three matters awaiting informal mediation by the Registrar, three matters awaiting advice from the applicant on how they wish to proceed, and there are five matters awaiting a decision of the Supreme Court which will determine how they should proceed.

I am also advised that the vast majority of disputes have been resolved either through mediation conducted by the Registrar of the Tribunal or by the parties themselves.

(3) Who are the landlords in each cases?

I have been advised that there are over 60-70 different landlords involved in these Notices of Dispute lodged with the Tribunal. The 14 cases heard by the Tribunal involved 10 landlords. Leda Commercial Properties was involved in 5 matters and each of the following landlords were involved in the remaining nine separate matters: Lastelle Investments, ATSICDC, 222 Pty Ltd, Gahahan, Lendlease, GBT Corporation, Kintella, Perpetual Nominees, and Zobec.

(4) How many retail tenants have withdrawn their applications before the hearing occurred?

I have been advised that three matters were withdrawn prior to hearing because the matters were resolved to the satisfaction of the parties.

(5) What percentage of applications heard have (a) favoured the retail tenant; and (b) favoured the landlord?

I am further advised that of the 17 applications heard by the Tribunal, 41 per cent of applications were decided in favour of the tenant, 47 per cent of applications were decided in favour of the landlord, and 12 per cent were subject to consent orders.


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