Petria Pty Limited v Makhoul [2004] NSWADTAP 47

Appeal Panel - Internal

CITATION: Petria Pty Limited v Makhoul [2004] NSWADTAP 47 APPLICANT PARTIES: Petria Pty Limited RESPONDENT Edward Makhoul FILE NUMBER: 049015 HEARING DATES: 20/09/2004 SUBMISSIONS CLOSED: 09/20/2004 DATE OF DECISION: 11/01/2004

Makhoul v Petria Pty Limited [2004] NSWADT 51 DECISION UNDER APPEAL: BEFORE: Chesterman M - ADCJ (Deputy President); Boyce P - Judicial Member; Weule B - Non Judicial Member CATCHWORDS: Claim for declaration of rights,obligations and liabilities under a lease - leave to appeal out of time MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 049015 DATE OF DECISION UNDER APPEAL: 03/10/2004 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Administrative Decisions Tribunal Rules (Transitional) Regulation 1998 Makhoul v Petria Pty Limited [2004] NSWADT 51 CASES CITED: Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537 Puya v Coranton Pty Ltd [2000] NSWADT 161 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 386 APPLICANT REPRESENTATION: D L Warren, barrister RESPONDENT R Lee, barrister ORDERS: 1. Leave is granted to appeal out of time; 2. The appeal is allowed and Orders 1, 2 and 3 of the Tribunal are set aside; 3. Both parties have liberty to apply within 28 days to argue the costs of this appeal. If no application is made within that time, no order for costs.