G & M Dawson Pty Limited v Cripps, Jones & Anor (No 2) [2005] NSWADT 14

CITATION: G & M Dawson Pty Limited v Cripps, Jones & Anor (No 2) [2005] NSWADT 14 DIVISION: Retail Leases Division APPLICANT 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: 025079 HEARING DATES: On the papers SUBMISSIONS CLOSED: 12/08/2004 DATE OF DECISION: 02/03/2005

BEFORE: Montgomery S - Judicial Member APPLICATION: Costs MATTER FOR DECISION: Costs and interest LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Charteris v General Manager Leichhardt Municipal Council [2001] NSW ADTAP 39 Citadin Pty Ltd (No. 2) -v- Eddie Azzi Australia Pty Ltd & General Pants Co Pty Ltd (RLD) [2001] NSWADTAP 31 Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 CASES CITED: Falkner v Bourke (1990) 19 NSWLR 574 Gizah Pty Ltd v AXA Trustees Ltd (No. 2) [2001] NSWADT 164 Sotiropoulos v Mattana Coiffure Pty Limited (No 2) (RLD) [2004] NSWADTAP 43 Wood & Anor v Bergman (No 2) [2003] NSWADT 175 APPLICANT S Reuben, barrister REPRESENTATION: FIRST & SECOND RESPONDENTS D Robertson, barrister THIRD RESPONDENT C Champion, barrister ORDERS: 1. Each party is to bear its own costs of these proceedings; 2. The First and Second Respondents are jointly and severally liable to pay to the Applicant interest on the whole of the amount ordered in these proceedings. Interest is payable at the applicable District Court rate from 28 June 2002; 3. If the parties are unable to agree on the amount of interest to be paid, the Applicant is invited to provide details to the Tribunal within 28 days of these orders so that the amount may be quantified.