Townsend -v- Chief Executive, State Rail Authority [1999] NSWADT 104

CITATION: Townsend -v- Chief Executive, State Rail Authority [1999] NSWADT 104

DIVISION: Retail Leases

APPLICANT: Jeffrey Townsend & Rhonda Townsend

RESPONDENT: Chief Executive, State Rail Authority

FILE NUMBER: 995009

HEARING DATES: 06/22/1999

SUBMISSIONS CLOSED: 06/25/1999

DATE OF DECISION: 26 October 1999

K P O'Connor DCJ - President BEFORE:

PRIMARY LEGISLATION: Retail Leases Act 1994

APPLICATION: Retail tenancy claim -

MATTER FOR DECISION: Application for Costs

Applicant: J Chippindall of counsel instructed by Peter Adams & Co Solicitors REPRESENTATION: Respondent: A Gelbart of counsel

ORDERS: 1. No order as to costs

1 This decision relates to an application for costs made by the respondent following the dismissal of the applicant's application for an interim order under the Retail Leases Act 1994 (the Act) restraining the respondent from removing the applicant from premises leased from the respondent: see Townsend v Chief Executive, State Rail Authority [1999] NSWADT 56. 2 Prior to 1 March 1999, the jurisdiction conferred by the Act was exercised by the Commercial Tribunal. On 1 March 1999 the jurisdiction was transferred to this Tribunal: Retail Leases Amendment Act 1998 (the Amendment Act), s 3 Schedule 1 [47] to [56], partially commenced 1 March 1999 - see Gov Gaz 26 Feb 1999, p 978. 3 The Commercial Tribunal's power to award costs was conferred by s 32 of the Commercial Tribunal Act 1984 as follows -

"32 Costs The Tribunal may make such award as it thinks fit as to by whom, to whom and to what extent costs are to be paid in, or in relation to, proceedings before it."