Mathew Massasso t/as Five Dock Pharmacy v Sydney Metro

[2023] NSWLEC 115

NSW Land and Environment Court

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Interrogate

Catchwords

1. Compensation
2. › compulsory acquisition of leasehold interest in shop premises
3. › claim for loss of profit rent allegedly lost for the remainder of the term of the lease renewal options
4. › consideration of market rent
5. › no difference between passing rent and market rent established
6. › profit rent claim fails
1. Compensation
2. › compulsory acquisition of leasehold interest in shop premises
3. › claim for relocation of retail pharmacy business
4. › substantial demolition and construction/reconstruction and structural alterations to relocation premises
5. › whether structural alteration costs appropriate to be borne by Applicant and reimbursed by acquiring authority
6. › costs of demolition and construction/reconstruction appropriate to be regarded as landlord’s costs
7. › claim rejected
1. Compensation
2. › claim for cost of buying out existing tenants in order to render demolition and construction/reconstruction activities possible
3. › cost of buying out existing tenants appropriate to be regarded as landlord’s expenses
4. › claim for reimbursement of cost of buying out existing tenants rejected
1. Compensation
2. › claim for costs of fit-out of new premises
3. › new premises fitted-out not only in compliance with regulatory requirements but also to best contemporary pharmacy practice
4. › were costs of fit-out reasonably incurred and thus compensable
5. › costs of fit-out reasonably incurred
6. › Applicant entitled to reimbursement for costs of fit-out