NSW Caselaw
CITATION: Webb v Clifton [2008] NSWADT 132
DIVISION: Retail Leases Division
APPLICANT Barry Webb PARTIES: RESPONDENT Tony Clifton
FILE NUMBER: 085049
HEARING DATES: 27 March 2008, 1 April 2008
SUBMISSIONS CLOSED: 1 April 2008
DATE OF DECISION: 1 April 2008
BEFORE: Molloy GB - Judicial Member
CATCHWORDS: Interim order - removal of goods
MATTER FOR DECISION: Principal matter
LEGISLATION CITED : Retail Leases Act 1994
Holden Tourism & Hospitality Pty Limited v Baldock [2001] NSWADT 123 CASES CITED: Nam v Commonwealth Funds Management [2002] NSWADT 80 Nam v Commonwealth Funds Management Limited (No 2) [2002] NSWADT 120 Spuds Surf Chatswood Pty Limited v P T Limited [2007] NSWADT 130
APPLICANT In person REPRESENTATION: RESPONDENT In person
1. I rescind the Orders made 27 March 2008 2. The Respondent, on Wednesday 2 April 2008 from 9.00am until 10.00pm and thereafter on each week day and weekend between the hours of 9.00am and 10.00pm until 5.00pm 13 April 2008, permit the Applicant access to the premises; 74-78 Bloomfield Street, Gunnedah for the purpose only of removing therefrom goods and chattels owned by the Applicant or in the possession of the Applicant for sale by consignment ORDERS: 3. The proceedings are adjourned to 24 April 2008 at 12 noon with a view to dismissal 4. Liberty to apply 5. The Registrar is requested to take out a copy of this ex-tempore decision and provide a copy to the parties.
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