NSW Caselaw
CITATION: Zeaiter Corporate Holdings Pty Ltd v Satchithanantham [2008] NSWADT 165
DIVISION: Retail Leases Division
APPLICANT/CROSS RESPONDENT Zeaiter Corporate Holdings Pty Ltd PARTIES: RESPONDENT/CROSS APPLICANT Hemalathasothy Ranjini Satchithanantham
FILE NUMBER: 055131
HEARING DATES: 5-6 September 2007, 10-11 October 2007
SUBMISSIONS CLOSED: 7 March 2008
DATE OF DECISION: 10 June 2008
BEFORE: Chesterman M - ADCJ (Deputy President); Fagg N - (Advisory) Non Judicial Member ; Griffiths G - (Advisory) Non Judicial Member
CATCHWORDS: Claim for compensation - misleading or deceptive conduct - - claim for declaration of rights, obligations and liabilities under a lease - claim for payment of money - claim for restoration of possession of premises - damages - unconscionability
MATTER FOR DECISION: Principal matter
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Retail Leases Act 1994 Retail Leases Amendment Act 2005
Aspromonte Pty Ltd v Zagari [1999] NSWSC 831 CASES CITED: Attorney General of New South Wales v World Best Holdings Ltd (2005) 63 NSWLR 557 Satchi & Satchi Australia Pty Ltd & Ors v Zeaiter Corporate Holdings Pty Ltd [2008] NSWSC 411 Satchithanantham v Zeaiter Corporate Holdings Pty Ltd (RLD) [2007] NSWADTAP 74
APPLICANT/CROSS RESPONDENT A R Vincent, barrister
REPRESENTATION:
RESPONDENT/CROSS APPLICANT T Satchithanantham, agent
1. The Respondent/Cross Applicant is to pay to the Applicant/Cross Respondent the sum of $70,187.78, comprising (a) a principal sum of $52,330.01 and (b) interest amounting to $17,857.77 ORDERS: 2. The cross claim filed by the Respondent/Cross Applicant is dismissed 3. Any application for costs in these proceedings must be filed and served, with supporting submissions, within 28 days of the date of this decision. The opposing party must file and serve submissions in reply within a further 28 days. Unless reasons are advanced for a hearing to be conducted, the matter will be resolved 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997.
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