funold Bloch Leibler

Level 21 333 Collins Street Melbourne

Lawyers and Advisers

Victoria 3000 Australia DX38455 lr,lelbourne www.abl,com.au

13 February 2017

Telephone 61 3 9229 9999 Facsimilo 61 3 9229 9900

By post and email

Mr Thanasis Raptis

25 Benjamin Street Parkville VIC 3052 [email protected]

Your Ref Our Ref CGG AWK File No. 01-1863427

Contact Charles Gardiner Direct 61 3 9229 9943 Facsimile 61 3 9916 9564

[email protected]

Partner Alex King Direct 61 3 9229 9696

[email protected] MELBOURNE SYDNEY

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Dear Mr Raptis

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Thanasis Raptis v Gity of Melbourne and 333 Choice Properties Pty Ltd (Landlord) Supreme Gourt Proceeding S Cl 2016 03782 (Proceeding)

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We refer to our letter dated 3 February 2017.

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We also refer to your affidavit dated 6 February 2017 (6 February Affidavit) in the above Proceeding.

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Your property

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We confirm that the Lease is terminated. The Landlord is entitled to vacant possession of the Premises.

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ln our letter dated 3 February 2017, the Landlord requested that you remove

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your property from the Premises within 7 days.

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We have not received a response. Your property has not been removed.

The Landlord is proceeding to re-let the Premises. As you will appreciate, the Landlord requires the Premises to be vacant and made-good prior to reletting, including the removal of the Lessee's Fitout compr¡sing all fixture_s, fittings, furnishiñgs, partitioning, plant, equipment, items and things installed in the Premises by you or on Your behalf, pursuant to clause 8.2(c) of the Lease, any of the Lessee's Fitout not removed by you from the Premises shall be deemed abandoned and shall be and become the property of the Landlord.

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The Landlord is willing to afford you one final opportunity to remove your property from the Premises. Please contact the Landlord directly to arrange access.

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Mr Thanasis Raptis

Arnold Bloch Leibler

Page:

Date:

2

13 February 2017

lf your property is not removed from the Premises (including all kitchen equipment forming part of the Lessee's Fitout and all property described in Attachment A to the Deed of Renewal and Variation of Lease) by on or before 4pm on Thursday, 16 February 2017 or such other time as agreed in writing by the Landlord, all property remaining in the Premises will be deemed abandoned pursuant to clause 8.2(c) of the Lease and will become the exclusive property of the Landlord. ln that event, the Landlord will deal with the property at its complete discretion and will claim all costs associated with removal and relocation from you.

lnjunctive relief Your 6 February Affidavit states:

"The TenanUPlaintiff seeks the Coutt rssue an urgent interlocutory restraining order preventing the Landlord re-entering the premrses prior 6 March 2017, such that the noncomplianilillegal restaurant kitchen's exhaust services duct work fitout not be inþrtered with, given its material evidence to application S C/ 2016 03782." Whilst you have foreshadowed that you will seek injunctive relief, the Landlord is not aware of any application having being made.

ln our view, there is no basis for you to seek such relief. The Lease is terminated. Our client has lawfully re-entered the Premises and is entitled to vacant possession.

The Landlord does not accept that any of the kitchen exhaust and duct works are material evidence in the Proceeding. ln any event, to the extent that the kitchen exhaust and duct works may be evidence in the Proceeding, you have previously tested and inspected the Premises' kitchen exhaust and duct work, together with your consultant SDP Consulting (Aust) Pty Ltd (SDP). We understand that SDP has prepared at least three reports in relation to the exhaust services. These reports may be relevant evidence in the Proceeding. The kitchen exhaust system has also been inspected by City of Melbourne. As you are aware, City of Melbourne has advised that the mechanical installations for the Premises are compliant with applicable Australian Standards. Further, to the extent that any of the Lessee's Fitout is, in your view, material evidence in the Proceeding, it is within your power to remove and preserve that evidence at your cost. ln this regard, this is now your second opportunity to remove your installations.

lf you disagree, please explain the basis on which you allege an entitlement to injunctive relief restraining the Landlord from undertaking works to the exhaust services in the Premises and why it is you consider the kitchen exhaust and/or duct works are material evidence in the Proceeding. Please also identify precisely which parts of the kitchen exhaust services ductwork you allege must be preserved and explain why.

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Mr Thanasis Raptis

Arnold Bloch Leibler

Page: Date:

3

13February 2017

Please provide your response by no later than 4pm on Thursday, l6 February 2017. lf we do not receive a satisfactory response, the Landlord will proceed to undertake any works which it considers may be required to the Premises for the purposes of reletting, including if necessary, works to the exhaust services. All of the Landlord's rights remain fully reserved. Yours sincerely

Arnold Bloch Leibler

Charles Ga Senior Asso

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