Tong Joo Pty Ltd v Reilly [2023] NSWCATCD 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tong Joo Pty Ltd v Reilly [2023] NSWCATCD 41 Hearing dates: 24 April 2023 Date of orders: 11 May 2023 Decision date: 11 May 2023 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein. Senior Member Decision: 1. The application is dismissed. 2. In the event that a party wishes to bring a costs application, such application must be lodged in the Tribunal and served on/given to the costs respondent within 14 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application. 3. The costs respondent will have 14 days after the date it receives the application to lodge in the Tribunal and serve on/give to the costs applicant its submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 4. The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing. 5. Subject to the parties' submissions, the Tribunal will determine any costs application made on the basis of the papers lodged in the Tribunal. Catchwords: RETAIL LEASE – GUARANTEE Legislation Cited: Retail Leases Act 1994 Cases Cited: Realestate.com.au Pty Ltd v Hardingham RP Data Pty Limited v Hardingham [2022] HCA 39 Texts Cited: O'Donovan & Phillips Modern Contract of Guarantee Category: Principal judgment Parties: Tong Joo Pty Ltd: Applicant Susan Reilly: Respondent Representation: Mr S. Spring, solicitor (Respondent) File Number(s): COM 22/57075 Publication restriction: NIL