NSW Caselaw
CITATION: Ron Breach Farm Machinery Pty Ltd v MRL Properties Pty Ltd & anor [2008] NSWADT 321
DIVISION: Retail Leases Division
APPLICANT Ron Breach Farm Machinery Pty Limited
PARTIES: FIRST RESPONDENT MRL Properties Pty Limited
SECOND RESPONDENT Palroz Pty Limited
FILE NUMBER: 085115
HEARING DATES: On the papers
SUBMISSIONS CLOSED: 30 October 2008
DATE OF DECISION: 20 November 2008
BEFORE: Fox R - Judicial Member
Interpretation Act 1987 LEGISLATION CITED : Retail Leases Act 1994 Road Transport (General) Act 2005
Sassine v McGlinn MC & Anor t/as Westland Produce (RLD) [2008] NSWADTAP 54 CASES CITED: Manly Council v Malouf [2004] 61NSW Law Reports 394 Lifestyle Vehicles Pty Limited v Car City Minchinbury Pty Limited [2008] NSWADT 195
APPLICANT C Bianchino, solicitor
REPRESENTATION: FIRST RESPONDENT P Tipper, solicitor
SECOND RESPONDENT P James, solicitor
1. Applicant's evidence does not establish that Tribunal has jurisdiction 2. (a) Grant Applicant 28 days to file and serve further evidence to establish nature of business(b) If filed, matter to be listed for further directions on 22 January 2009 at 12pm ORDERS: 3. If such evidence not filed:- (a) Applicant has until 15 January 2009 to file and serve submissions in relation to costs (b) Respondent has until 30 January 2009 to file responses in relation to costs (c) Decision of costs to be made on the papers.
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