North Eastern Travelstops Pty Ltd v Bradley & Ors (RLD) [2005] NSWADTAP 6

Appeal Panel - Internal

CITATION: North Eastern Travelstops Pty Ltd v Bradley & Ors (RLD) [2005] NSWADTAP 6 APPELLANT PARTIES: North Eastern Travelstops Pty Ltd RESPONDENTS Seamus Bradley, Margie Howarth and Peta Hunter FILE NUMBER: 049030 HEARING DATES: 15/12/2004 SUBMISSIONS CLOSED: 12/15/2004 DATE OF DECISION: 02/25/2005

Bradley & Ors v North Eastern Travelstops Pty Ltd [2004] NSWADT 145 DECISION UNDER APPEAL: BEFORE: Chesterman M - ADCJ (Deputy President); Rickards K - Judicial Member; Fairweather R - (Advisory) Non Judicial Member CATCHWORDS: fail to correctly construe documents - leave to extend to the merits - omit to deal with line of argument in decision MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 035012 DATE OF DECISION UNDER APPEAL: 07/21/2004 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 LMI Australasia Pty Ltd v Boulderstone Hornibrook Pty Ltd [2001] NSWSC 886 CASES CITED: Bradley & Ors v North Eastern Travelstops Pty Ltd [2004] NSWADT 145 Stanoevski v Council of the Law Society of New South Wales [2003] NSWADTAP 33 Thomas National Transport (Melbourne) Pty Ltd v May & Baker (Australia) Pty Ltd (1966) 115 CLR 353 APPELLANT REPRESENTATION: M Campbell, barrister RESPONDENTS S Woodward, solicitor ORDERS: 1. The appeal is dismissed; 2. Each party has 28 days in which to file and serve an application for the costs of this appeal, with supporting submissions. Any submissions in response must be filed and served within a further 28 days. Unless an application is made for a hearing, the matter of costs will be decided on the papers. If no application is filed, there will be no order for costs.