Solomon & Anor v Singh (No 2) [2005] NSWADT 295

Pending Appeal :

CITATION: Solomon & Anor v Singh (No 2) [2005] NSWADT 295 DIVISION: Retail Leases Division APPLICANT PARTIES: Isaac Solomon, Sara Cooper and Elizabeth Oxman RESPONDENT Dr Raghubir Singh FILE NUMBER: 035094 HEARING DATES: 3/11/2005-4/11/2005, 8/11/2005 SUBMISSIONS CLOSED: 11/18/2005 DATE OF DECISION: 12/16/2005

BEFORE: Molloy GB - Judicial Member APPLICATION: Claim for payment of money MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 British Westinghouse Electric and Manufacturing Co Ltd v. Underground Electric Railways Co of London Limited (1912) AC673 CASES CITED: Singh v Solomon & Ors (RLD) [2005] NSWADTAP 27 Solomon & Ors v Singh & Anor [2004] NSWADT 264 APPLICANT REPRESENTATION: S Bell, Counsel RESPONDENT M Watts, Counsel ORDERS: 1. The parties are directed to bring forward Short Minutes of Order in conformity with the terms of this decision. Those Short Minutes should specify the items allowed by this Tribunal in favour of the Applicant, set off the amount paid by Dr Sood and the quantum that should have been set off by way of mitigation in accordance with these reasons; 2. Matter listed for one-half hour at 2-00pm on Monday 30 January 2006 with a view to making appropriate orders pursuant to the said Short Minutes and directions (if required) as a consequence of the leave granted in Order 3; 3. Leave granted to either party to list the proceedings before me should the party so listing wish to agitate an argument relating to the Applicant's legal fees contrary to the Tribunal's expression of opinion set out in these reasons. Absent application to re-list on this issue made to the Tribunal at 2-00pm on 30 Janaury, 2006 the decision of this Tribunal will be a Declaration that the Applicant may not make claim against the Respondent for legal fees incurred in connection with the breach or non compliance by the lessee in relation to legal costs incurred in connection with the application to the Tribunal absent an application and order made pursuant to Section 88 Administrative Decisions Tribunal Act but otherwise the Applicant be entitled to recover against the Respondent their legal costs pursuant to Clause 27.2 of the lease subject to proper quantification