G & M Dawson Pty Limited v Cripps & Ors (RLD) [2004] NSWADTAP 38

Appeal Panel - Internal

CITATION: G & M Dawson Pty Limited v Cripps & Ors (RLD) [2004] NSWADTAP 38 APPELLANT G & M Dawson Pty Limited FIRST RESPONDENT PARTIES: Michael Lance Cripps, Executor of the Will of the late Kerrie Frances Cripps SECOND RESPONDENT Madonna Kaye Jones THIRD RESPONDENT H G & R Securities Pty Limited FILE NUMBER: 049003 HEARING DATES: 18/03/2004 SUBMISSIONS CLOSED: 09/01/2004 DATE OF DECISION: 09/08/2004

G & M Dawson Pty Limited v Cripps, Jones & Anor [2003] NSWADT 274 DECISION UNDER APPEAL: BEFORE: Chesterman M - ADCJ (Deputy President); Rickards K - Judicial Member; Weule B - Non Judicial Member CATCHWORDS: application of common law test - leave to extend to the merits MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 025079 DATE OF DECISION UNDER APPEAL: 12/23/2003 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Real Property Act 1900 Trade Practices Act 1974 (Cth) Alexander v Cambridge Credit Corporation Ltd (1987) 9 NSWLR 310 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 115 ALR 1 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 French v Sydney Turf Club Ltd (No 2) [2003] NSWADTAP 54 CASES CITED: G & M Dawson Pty Limited v Cripps, Jones & Anor [2003] NSWADT 274 Hadley v Baxendale (1854) 9 Exch 341; 156 ER 145 Hoogerdyk v Condon (1990) 22 NSWLR 171 Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 South Australia v Johnson (1982) 42 ALR 161 Victoria Laundry (Windsor) Ltd v Newman Industries Ltd [1949] 2 KB 528 APPELLANT S Reuben, barrister REPRESENTATION: FIRST AND SECOND RESPONDENT S Epstein SC, barrister THIRD RESPONDENT C Champion, barrister ORDERS: 1. Leave is granted to the Appellant to substitute Michael Lance Cripps, as executor of the will of the late Kerrie Frances Cripps, in her place as the First Respondent to this appeal; 2. The appeal is allowed; 3. Order 1 made by the Tribunal on 23 December 2003 is set aside, and in its place it is ordered that the First and Second Respondents are jointly and severally liable to pay to the Appellant the amount of $105,115.00, less any amount that has already been paid in satisfaction of the Tribunal's Order; 4. Unless within 28 days one of the parties files a written submission seeking costs, there will be no order for the costs of the appeal. If a submission is filed, the opposing party or parties must file any submission in reply within a further 14 days. The matter will be determined on the papers unless a party seeks to be heard; 5. The case is remitted to the Tribunal as constituted at first instance for determination of the following issues: (a) the costs of the hearing at first instance and (b) interest on the damages awarded