New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 28A

28A Non-provision of outgoings estimate or statement

(1) A lessee is entitled to withhold payment of contributions for outgoings if:

(a) the lessor has failed to give the lessee a written estimate of outgoings required under section 27 or an outgoings statement required under section 28, and

(b) the lessee has, at or after the expiry of the time when the estimate or statement was required to be given to the lessee, requested the lessor in writing to furnish the estimate or statement to the lessee, and

(c) the lessor’s failure has continued for 10 business days after the request was made.

(2) The lessee must pay the withheld contributions within 28 days after the lessor furnishes the estimate or statement.

(3) The lessor is not entitled to recover interest or late payment charges in respect of contributions withheld in accordance with this section.

(4) The lessee is not in breach of the retail shop lease for acting in accordance with this section.

(5) This section does not affect any other rights that the lessee has in connection with the lessor’s failure to provide the estimate or statement.