Keighery v Nodnarb Investments Pty Ltd [2005] NSWADT 241

CITATION: Keighery v Nodnarb Investments Pty Ltd [2005] NSWADT 241 This decision has been amended. Please see the end of the decision for a list of the amendments. DIVISION: Retail Leases Division 1. APPLICANT Mark Damien Keighery RESPONDENT PARTIES: Nodnarb Investments Pty Ltd 2. APPLICANT Nodnarb Investments Pty Ltd RESPONDENT Mark Damien Keighery FILE NUMBER: 055076; 055036 HEARING DATES: 21/07/2005 20/10/2005 SUBMISSIONS CLOSED: 10/20/2005 DATE OF DECISION: 10/24/2005

BEFORE: Fox R - Judicial Member APPLICATION: Application to transfer MATTER FOR DECISION: Principal matter (055076) and interlocutory (055036) Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Retail Leases Act 1994 Victorian Civil and Administrative Tribunal Act 1998 AG NSW v World Best Holdings [2005] NSW CA 261 CASES CITED: Citaden (2) v Eddie Azzi 2001 NSWADTAP31 Irresistible Frocks Salon Pty Limited v Sparbac Pty Limited & Roche Group Pty Limited [2003] NSW ADT 241 Prasad v Fairfield Council 2002 NSWADT2 APPLICANT REPRESENTATION: M McFadden, barrister RESPONDENT M Heath, barrister ORDERS: ORDERS MADE 20 OCTOBER 2005; Orders – File number 055076:; 1. Find that there is evidence which may establish an unconscionable conduct claim; 2. Find that the nature of the claim is such that it may be more effectively and appropriately dealt with in the Supreme Court because it may involve Orders for amounts of more than $300,000.00 and that the interests of justice do not require the matter to be dealt with by this Tribunal. The matter is transferred to the Supreme Court pursuant to Section 76A.3 ; Applicant to pay respondents costs of preparation for and appearance on 21 July 2005 and today; Orders – File number 055036; 1. Adjourned for further directions 3.15 pm 24 November 2005.