NSW Caselaw
CITATION: Costello and anor v Rasko Holdings Pty Ltd [2008] NSWADT 46
DIVISION: Retail Leases Division
APPLICANTS William Costello and Susan Joy Costello PARTIES: RESPONDENT Rasko Holdings Pty Ltd
FILE NUMBER: 065117 (Related matters 065089,065119)
HEARING DATES: 3 December 2007
SUBMISSIONS CLOSED: 3 December 2007
DATE OF DECISION: 6 February 2008
BEFORE: Olsson E SC - Deputy President; Harrison B - Non Judicial Member; Griffiths G - Non Judicial Member
CATCHWORDS: Claim for payment of money - Costs
MATTER FOR DECISION: Principal matter
LEGISLATION CITED : Retail Leases Act 1994
Charteris v General Manager, Leichhardt Municipal Council [2001] NSWADTAP 12 CASES CITED: Gizah Pty Ltd v AXA Trustees Ltd (No 2) [2001] NSWADT 164 Stefopoulos v Manikas (No 3) [2004] NSWADT 172 Wood and Anor v Bergman (No2) [2003] NSWADT 175
APPLICANT No appearance REPRESENTATION: RESPONDENT A Zahra, barrister
1. In matter No. 065089, the Tribunal notes that the application against Goislav Burcul and Wendy Dawn Burcul had previously been dismissed with no order as to costs. 2. In matter No. 065089, the Tribunal gives leave to Rasko Holdings Pty Ltd to discontinue the application as against Daryl Martin Peat, with no order as to costs. ORDERS: 3. In matter No. 065089, the Tribunal orders Susan Joy Costello and William Costello to pay to Rasko Holdings Pty Ltd the sum of $48,663.15, (being $38,891.30 plus $9,771.85) plus costs as agreed or assessed. 4. In matter No. 065117, the application is dismissed. Rasko Holdings Pty Ltd made an application for costs in respect of this matter. The costs which were claimed (and which have been allowed) in matter No. 065089 were particularised, inter alia, in the affidavit of Michael Doropoulos sworn on 28 November 2007 and plainly include costs arising from the counter claim filed by the Costello's. In those circumstances, the Tribunal declines to make any further order as to costs. 5. In accordance with the application made by Daryl Martin Peat, matter No. 065119 is adjourned for directions on a date to be fixed by the Registry.
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