Singh v Solomon & Ors (RLD) [2005] NSWADTAP 27

Appeal Panel - Internal

CITATION: Singh v Solomon & Ors (RLD) [2005] NSWADTAP 27 APPELLANT PARTIES: Raghubir Singh RESPONDENTS Isaac Solomon, Sarah Cooper and Elizabeth Oxman FILE NUMBER: 049050 HEARING DATES: 21/04/2005 SUBMISSIONS CLOSED: 04/21/2005 DATE OF DECISION: 06/16/2005

Solomon & Ors v Singh & Anor [2004] NSWADT 264 DECISION UNDER APPEAL: BEFORE: Chesterman M - ADCJ (Deputy President); Boyce P - Judicial Member; Weule B - Non Judicial Member CATCHWORDS: fail to correctly construe documents MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 035094 DATE OF DECISION UNDER APPEAL: 11/18/2004 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 CASES CITED: Solomon & Ors v Singh & Anor [2004] NSWADT 264 Vodafone Pacific Ltd v Mobile Innovations Ltd [2004] NSWCA 15 Walker v Bowry (1925) 35 CLR 48 APPELLANT REPRESENTATION: M Watts, barrister RESPONDENT S Bell, barrister ORDERS: 1. The appeal is dismissed; 2. Unless an application, with supporting submissions, is filed and served within 28 days, there will be no order for the costs of the appeal. If any such application is made, submissions by the opposing party must be filed and served within a further 28 days. The matter will be resolved 'on the papers', unless reasons are advanced for holding a hearing; 3. The proceedings are returned to the Tribunal, constituted by Ms S Higgins, Judicial Member, for determination in accordance with these reasons; 4. The parties are to attend for further directions at 11a.m. on 14 July 2005