Trust Company of Australia Ltd (Stockland Property Management Ltd) v Skiwing Pty Ltd trading as Cafe Tiffany's (No 4) (RLD) [2005] NSWADTAP 32

Appeal Panel - Internal

CITATION: Trust Company of Australia Ltd (Stockland Property Management Ltd) v Skiwing Pty Ltd trading as Cafe Tiffany's (No 4) (RLD) [2005] NSWADTAP 32 APPELLANT PARTIES: Trust Company of Australia Ltd (Stockland Property Management Ltd) RESPONDENT Skiwing Pty Ltd trading as Cafe Tiffany's FILE NUMBER: 049033 HEARING DATES: 3/06/2005 SUBMISSIONS CLOSED: 06/03/2005 DATE OF DECISION: 06/23/2005

Skiwing Pty Ltd trading as Cafe Tiffany's v Trust Company of Australia Ltd (No 4) [2004] NSWADT 162 DECISION UNDER APPEAL: BEFORE: Chesterman M - ADCJ (Deputy President); Molloy GB - Judicial Member; Weule B - Non Judicial Member CATCHWORDS: reliance on a legal ruling held to be incorrect - reliance on behaviour unconnected with the conduct of the litigation - reliance on conduct with regard to settlement negotiations - reliance on factual findings which had no evidentiary support MATTER FOR DECISION: Prncipal matter FILE NUMBER UNDER APPEAL: 049033 DATE OF DECISION UNDER APPEAL: 08/06/2004 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Alessa Pty Ltd v Total & Universal Pty Ltd [2002] NSWADTAP 16 Barsoum v Glebe Administration Board (No 2) [2002] NSWADT 174 Calderbank v Calderbank [1975] 3 All ER 333 G & M Dawson Pty Ltd v Cripps & Ors (No 3) (RLD) [2005] NSWADTAP 24 Gizah Pty Ltd v AXA Trustees Ltd (No. 2) [2001] NSWADT 164 CASES CITED: Irresistible Frocks Salon Pty Ltd v Sparbac Pty Ltd and Roche Group Pty Ltd (No 2) [2004] NSWADT 162 Randi Wiks Pty Ltd v Pokana Pty Ltd [2003] NSWADTAP 27 Skiwing Pty Ltd trading as Café Tiffany's v Trust Company of Australia Ltd (No 3) [2004] NSWADT 94 Skiwing Pty Ltd trading as Café Tiffany's v Trust Company of Australia Ltd (No 4) [2004] NSWADT 162 Sotiropoulos v Mattana Coiffure Pty Ltd (No 2) (RLD) [2004] NSWADTAP 43 Trust Company of Australia Ltd v Trust Company of Australia Ltd (Stockland Property Management Ltd) (RLD) [2005] NSWADTAP 9 APPELLANT REPRESENTATION: M Allars, barrister RESPONDENT A I Tonking, barrister ORDERS: 1. The appeal is allowed; 2. The Tribunal's order that the Appellant pay costs of the Respondent is set aside.