NSW Caselaw
CITATION: Galaxy Catering Pty Ltd v Trust Company of Australia Ltd (No 2) [2006] NSWADT 283
DIVISION: Retail Leases Division
APPLICANT PARTIES: Galaxy Catering Pty Ltd RESPONDENT Trust Company of Australia Ltd
FILE NUMBER: 065068
HEARING DATES: On the papers
SUBMISSIONS CLOSED: 08/03/2006
DATE OF DECISION: 09/29/2006
BEFORE: O'Connor K - DCJ (President)
CATCHWORDS: Claim for relief against forfeiture - Unconscionability
MATTER FOR DECISION: Order for Relief against Forfeiture: Term as to Costs
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Conveyancing Act 1919 Legal Profession Act 1987 Retail Leases Act 1994
Galaxy Catering Pty Ltd v Trust Company of Australia Ltd [2006] NSWADT 182 Langley v Foster (1909) 10 SR (NSW) 54 Pioneer Quarries (Sydney) Pty Ltd v Permanent Trustee of NSW Ltd (1970) 2 BPR 9562 Tannous v Cipolla [2001] NSWSC 236 CASES CITED: Solowave Pty Ltd v Nechi Holdings Pty Ltd [2005] NSWSC 837 Sabri v Selby [2004] NSWADT 252 Love v Gemma Nominees Pty Ltd (1983) ANZ ConvR 68 Castle Mall Fine Foods Pty Ltd v Queensland Investment Corporation [2003] NSWADT 207 Law Society of New South Wales v Gallagher [1999] NSWADT 8
APPLICANT In person REPRESENTATION: RESPONDENT D Hassan, solicitor, Raj Lawyers
ORDERS: Further to term 3 of the order made 29 May 2006, the lessee is to pay $8,250 to the lessor in respect of its costs.
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