Tour Creative Agency Australia Pty Ltd v Payman & Anor [2004] NSWADT 284

CITATION: Tour Creative Agency Australia Pty Ltd v Payman & Anor [2004] NSWADT 284 DIVISION: Retail Leases Division APPLICANT PARTIES: Tour Creative Agency Australia Pty Ltd RESPONDENT Farid Payman and Ruhangiz Payman FILE NUMBER: 045104 HEARING DATES: 18/11/2004 SUBMISSIONS CLOSED: 11/18/2004 DATE OF DECISION: 12/03/2004

BEFORE: Higgins S - Judicial Member APPLICATION: Claim for payment of money - Costs MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Consumer Claims Act 1998 Conveyancing Act 1919 Retail Leases Act 1994 Alexander v Cambridge Credit Corporation Ltd (1987) 9 NSWLR 310 CASES CITED: Commonwealth of Australian v Amaun Aviation Pty Ltd (1991) 174 CLR 64 Rejtek v McElroy (1996) 112 CLR 517 APPLICANT REPRESENTATION: T Shirado, agent RESPONDENT G Campbell, solicitor ORDERS: 1. In the event the respondents, Mr and Mrs Payman, seek to pursue their claim for orders in respect of rent that is outstanding and owing by the applicant, Tour Creative Agency Australia Pty Ltd, the respondents to file and serve an application under s.71 of the Retail Leases Act 1994 within 14 days of this decision; 2. In the event the respondents file an application in accordance with the abovementioned order, the applicant to file and serve any submissions in reply within 14 days after being served with a copy of the respondents' application; 3.The matter is stood over to 27 January 2005 at 10 am for further hearing.