Pastizzi Cafe Pty Ltd V Hossain

Pastizzi Cafe Pty Ltd v Hossain (No 4) [2011] NSWSC 808 (28 July 2011)

The major issue of the case presented in the Pastizzi Café Pty Ltd v Hossain is all about an agreement to conduct a pastizzi cafe business in partnership under the name M & L Maltese Cafe. Wherein, Mr Hossain executed a lease of premises at King Street, Newtown. Ms Ross was the guarantor. The plaintiffs claim that the lease was to be held for a company to be incorporated. They claim that because of Ms Ross's contribution to the costs of setting up the King Street premises as a pastizzi cafe, Mr Ross and Mr Hossain agreed that Ms Ross would become an equal partner in the business. But the problems arise when Mr. Hossain suddently wrote a letter to Ms. Debbie Ross to vacate the premise in order for him to put up his own business under his lease due to Mr. Hossain exclusion of the managerial task from the Pastizzi. Therefore Pastizzi close down trading and render it incompetent of paying its debts. The second defendant, Talukder Enterprises Pty Ltd was put into King Street to be its office but a month later its name was changed to Pastizzi and Pasta Café.

The relevant law that the judge relied on with his decision Mr. Hossain ask for affirmation that Mr. Ross was not a director of Pastizzi but in regards for the term director in Corporations Act, s 9, Mr. Ross precisely did the similar functions of a director in the Pastizzi so therefore he is considered as such.The other law violated in this case was the Act that may be cited as the Retail Leases Act 1994. A lease to which the Act applies may be a verbal or written lease. Landlords should be careful of verbal leases. The Act implies a minimum 5 year term into all leases. This is the case unless a certificate is executed by a tenant in the presence of an independent solicitor waiving his or her entitlement to a minimum 5 year term. In which, the landlord's actions have an adverse