Arkbay Investments Pty Ltd v Habib & Ozvic Enterprises Pty Ltd; Habib & Ozvic Enterprises Pty Ltd v Arkbay Investments Pty Ltd [2003] NSWADT 143

CITATION: Arkbay Investments Pty Ltd v Habib & Ozvic Enterprises Pty Ltd; Habib & Ozvic Enterprises Pty Ltd v Arkbay Investments Pty Ltd [2003] NSWADT 143 DIVISION: Retail Leases Division APPLICANT Arkbay Investments Pty Ltd (application 025044; PARTIES: respondent to applicationj 025017) (Lessor) RESPONDENT Fadi Habib & Ozvic Enterprises Pty Ltd (application 025044; applicant in application 025017) (Lessees) FILE NUMBER: 025044; 025017 HEARING DATES: 22/11/2002, 19/12/2002, 19/03/2003 SUBMISSIONS CLOSED: 04/02/2003 DATE OF DECISION: 06/16/2003

BEFORE: O'Connor K - DCJ (President); Griffiths G - Member; Owens B - Member APPLICATION: Costs - Jurisdiction - mediation agreement - non compliance MATTER FOR DECISION: Jurisdiction; Claim; Costs LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Taylor Farms v Calkos [1999] NSWSC 186 CASES CITED: Fine Real Estate Network Pty Ltd v Howell (No 2), 9 December 1997, unreported Gray v State of Victoria [2000] VCAT 1281 Stelridge P/L v Hand Bags International P/L [2000] VCAT RT8 APPLICANT REPRESENTATION: H Woods, barrister RESPONDENT P Rosier, solicitor ORDERS: 1. Amended Application 025017 dismissed.; 2. In relation to Application 025044, the Tribunal has jurisdiction.; 3. The respondents to pay the applicant the sum of $8645.69.; 4. The respondents pay the lessor applicant's costs incurred as agreed or as assessed since 15 April 2002 in respect of both applications, in accordance with Part 11 of the Legal Profession Act 1987, taking account of the comments made at paras [110-111].