Tate v Unanderra Heights Pty Limited (RLD) [2005] NSWADTAP 5

Appeal Panel - Internal

CITATION: Tate v Unanderra Heights Pty Limited (RLD) [2005] NSWADTAP 5 APPELLANTS PARTIES: Paula Tate and Derek Tate RESPONDENT Unanderra Heights Pty Limited FILE NUMBER: 049037 HEARING DATES: 10/12/2004 SUBMISSIONS CLOSED: 12/10/2004 DATE OF DECISION: 02/24/2005

Unanderra Heights Pty Limited v Tate, Unreported, 12 July 2004 DECISION UNDER APPEAL: BEFORE: Chesterman M - ADCJ (Deputy President); Higgins S - Judicial Member; O'Neill A - Non Judicial Member CATCHWORDS: statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 045008 DATE OF DECISION UNDER APPEAL: 07/12/2004 LEGISLATION CITED : Retail Leases Act 1994 Blackler v Felpure Pty Ltd [1999] NSWSC 958 CASES CITED: Wanice Pty Ltd v Bocove Pty Ltd [2003] NSWADT 17 Wanice Pty Ltd v Bocove Pty Ltd (RLD) [2003] NSWADTAP 24 APPELLANTS REPRESENTATION: N Walker, barrister RESPONDENT A Vincent, barrister ORDERS: 1. The appeal is dismissed. ; 2. The Order made by the Tribunal on 12 July 2004 is varied by substituting $18,725 for $29,400 as the amount payable under the Order.; 3. Each party has 28 days in which to file and serve an application for the costs of this appeal, with supporting submissions. Any submissions in response must be filed and served within a further 28 days. Unless a hearing is requested, the matter of costs will be decided on the papers. If no application is filed, there will be no order for costs.