NSW Caselaw
CITATION: Red Roll Pty Ltd v Multiplex Latitude Retail Landowner Pty Ltd, Multiplex WS Retail Landowner Pty Ltd and AWPF Management Pty Ltd [2008] NSWADT 200
DIVISION: Retail Leases Division
APPLICANT Red Roll Pty Limited
FIRST RESPONDENT Multiplex Latitude Retail Landowner Pty Limited PARTIES: SECOND RESPONDENT Multiplex WS Retail Landowner Pty Limited
THIRD RESPONDENT AWPF Management Pty Limited
FILE NUMBER: 075236
HEARING DATES: 23 May 2008 6 June 2008
SUBMISSIONS CLOSED: 6 June 2008
DATE OF DECISION: 21 July 2008
BEFORE: Molloy GB - Judicial Member
MATTER FOR DECISION: Preliminary Matter
LEGISLATION CITED : Retail Leases Act 1994 Real Property Act 1900
Gibb v. FCT (1966) 118CLR 628 Kindful (Australia) Pty Ltd v. Country Villa Holdings Pty Limited [2006] NSWADT 224 Legal Services Commissioner v. Ball [1999] NSWADT 45 Nam v. Commonwealth Funds Management Ltd [2002] NSWADT 80 CASES CITED: Parkinson v. EK Nominees Pty Limited (1997) NSW ConvR 55-816 Project Blue Sky v. ABA [1998] HCA 28 Spuds Surf Chatswood Pty Ltd v. P T Limited [2007] NSWADT 130 Skiwing Pty Limited v. Trust Company of Australia Limited [2008] HCASL 229 Trust Company of Australia Ltd v. Skiwing Pty Ltd [2006] NSWCA 387 Webb v. Clifton [2008] NSWADT 132
Mr V R W Gray, counsel
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