International Enterprises Company Pty Limited v Kingsmede Pty Limited & Anor [2007] NSWADT 15

CITATION: International Enterprises Company Pty Limited v Kingsmede Pty Limited & Anor [2007] NSWADT 15

DIVISION: Retail Leases Division

APPLICANT/CROSS RESPONDENT International Enterprises Company Pty Limited PARTIES: FIRST RESPONDENT/CROSS APPLICANT Kingsmede Pty Limited SECOND RESPONDENT/CROSS APPLICANT Pamiers Pty Limited

FILE NUMBER: 065076, 065090

HEARING DATES: 14/08/2006- 16/08/2006 & 13/10/2006

SUBMISSIONS CLOSED: 13 October 2006

DATE OF DECISION: 11 January 2007

BEFORE: Chesterman M - ADCJ (Deputy President); Griffiths G - (Advisory) Non Judicial Member ; Fagg N - (Advisory) Non Judicial Member

CATCHWORDS: Claim for payment of money - Unconscionability

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994

Armstrong Jones Management Pty Ltd v Saies-Bond & Associates Pty Ltd [2006] NSWADT 323 Attorney General of New South Wales v World Best Holdings Ltd (2005) 63 NSWLR 557 CASES CITED: Commonwealth v Amann Aviation Pty Ltd (1992) 174 CLR 64 Prsa & Anor v Polymeris [2000] NSDWADT 108 Shevill v Builders Licensing Board (1982) 149 CLR 620

APPLICANT/CROSS RESPONDENT G Mallory, agent REPRESENTATION: FIRST & SECOND RESPONDENTS/ CROSS APPLICANTS A Hourigan, barrister

ORDERS: 1. The Applicant/Cross Respondent is liable to pay the sum of $193, 926.97 to the Respondents/Cross Applicants.; 2. The Applicant/Cross Respondent's unconscionable conduct claim is dismissed.; 3. The Tribunal's interim order of 24 May 2006, prohibiting the Respondents/Cross Applicants from taking any steps to enforce the bank guarantee contained in the lease between them and the Applicant/Cross Respondent, is discharged.; 4. Any application for costs must be filed and served, with supporting submissions, within 28 days of the date of this decision. The opposing party or parties must file and serve submissions in reply within a further 28 days. Unless reasons are advanced for a hearing to be conducted, the matter will be resolved 'on the papers', pursuant to s 76 of the Administrative Decisions Tribunal Act 1997.