Trust Co of Australia Ltd (Stockland Property Management Pty Ltd) v Skiwing Pty Ltd trading as Cafe Tiffany's (RLD) [2004] NSWADTAP 33

Appeal Panel - Internal

CITATION: Trust Co of Australia Ltd (Stockland Property Management Pty Ltd) v Skiwing Pty Ltd trading as Cafe Tiffany's (RLD) [2004] NSWADTAP 33 APPELLANT PARTIES: Trust Co of Australia Ltd (Stockland Property Management Pty Ltd) RESPONDENT Skiwing Pty Ltd trading as Cafe Tiffany's FILE NUMBER: 049023 HEARING DATES: 20/07/2004 SUBMISSIONS CLOSED: 07/20/2004 DATE OF DECISION: 07/29/2004

Skiwing Pty Ltd trading as Cafe Tiffany's v Trust Co of Australia Ltd (Stockland Property Management Pty Ltd) (No 3) [2004] NSWADT 94 DECISION UNDER APPEAL: BEFORE: Chesterman M - ADCJ (Deputy President); Molloy GB - Judicial Member; Weule B - Non Judicial Member CATCHWORDS: interim order MATTER FOR DECISION: Preliminary matter FILE NUMBER UNDER APPEAL: 035036, 035053, 035066 DATE OF DECISION UNDER APPEAL: 05/20/2004 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Carr v Finance Corporation of Australia Ltd (No 1) (1980-81) 147 CLR 246 Julia Farr Services Inc v Hayes [2003] NSWCA 142 CASES CITED: Kalifair Pty Ltd v Digi-Tech (Australia) Pty Ltd (2002) 55 NSWLR 737 Park v Brothers [2003] NSWSC 1054 Sotiropoulos v Mattana Coiffure Pty Ltd [2004] NSWADTAP 23 TCN Channel 9 Pty Ltd v Antoniadis (No 2) (1999) 48 NSWLR 381 APPELLANT REPRESENTATION: M Allars, barrister RESPONDENT A I Tonking, barrister ORDERS: 1. Execution of the orders made by the Tribunal on 20 May 2004 is stayed; (a) until the occurrence of each of the following events:-; (i) an agreement with Stockland is signed by Mr Zoran Stojanoski and Ms Brenda Stojanoski, whereby they agree that any order by the Appeal Panel for repayment of moneys obtained from Stockland in execution by Skiwing of the Tribunal's judgment dated 20 May 2004 in these proceedings may be executed against their interests as registered proprietors of the property described as Lot 41 in Deposited Plan 630990 and against the interest of Ms Brenda Stojanoski as the registered proprietor of the property described as Lot 3 in Strata Plan 2906; and ; (ii) a charge, registrable as a deed and creating a caveatable interest, over each of these properties is delivered to Stockland; and; (iii) copies of the agreement specified in (i) and the charge specified in (ii), together with a letter from the solicitors for each party stating that their respective clients accept the terms of the agreement, the charge and the Undertaking specified in (iv), are lodged at the Tribunal; and; (iv) delivery to the Tribunal of a formal Undertaking to the Tribunal, duly executed by Skiwing, Zoran Stojanoski and Brenda Stojanoski, to repay to Stockland all moneys paid to Skiwing by Stockland pursuant to the orders made by the Tribunal on 20 May 2004, if so ordered on the disposition of this appeal; or; (b) until the disposition of this appeal; or; (c) until further order (whichever first occurs); 2. On the occurrence of the events described in Order 1(a) made by this Panel, ; (a) execution is stayed, until the disposition of this appeal or further order, of ; (i) Order 1(a) made by the Tribunal on 20 May 2004, to the extent that it includes an award of $116,000 plus interest for 'loss of value'; and ; (ii) Order 1(b) of the Tribunal; and; (b) the stay of execution imposed by Order 1 of this Panel is lifted with respect to the balance of $206,628 plus interest ordered by the Tribunal on 20 May 2004 to be paid by Stockland to Skiwing; 3. The costs of this application are reserved; 4. Liberty to apply