Online IT Services v Goldberg Enterprises Pty Ltd [2010] NSWADT 213

Set aside by Appeal :

CITATION: Online IT Services v Goldberg Enterprises Pty Ltd [2010] NSWADT 213

DIVISION: Retail Leases Division

Applicant: Online IT Services Pty Ltd PARTIES: Respondent: Goldberg Enterprises Pty Ltd

FILE NUMBER: 085135

HEARING DATES: 26 May 2009 17 July 2009

SUBMISSIONS CLOSED: 27 July 2009

DATE OF DECISION: 26 August 2010

BEFORE: Olsson E, SC - Deputy President; Griffiths G - Non-Judicial Member ; Ward R - Non-Judicial Member

LEGISLATION CITED : Retail Leases Act 1994

Applicant Representative: Mr Ephron director of Online IT Pty Ltd REPRESENTATION: Respondent Representative: Mr W Washington of counsel

i) The Respondent is to pay to the Applicant the sum of $15,227.24 plus interest at the prescribed rate from 1 October 2008. ORDERS: ii) In addition to order (i) the Respondent is to release the bond of $1,906.66 to the Applicant. iii) There will be no order for costs in these proceedings unless a party files and serves an application for costs, with supporting submissions, within 14 days. In such event, the opposing party or parties must file and serve submissions in response within a further 14 days. The question of costs will then be determined 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997.

REASONS FOR DECISION

Background

1 Online IT Services Pty Ltd commenced proceedings by an Application for an urgent Interim Order on 8 July 2008. The urgent relief related to the continued supply of electricity to the subject premises and for access for the Applicant to remove its goods from the premises. The urgent Application was accompanied by Particulars of Claim of the same date. The interim orders sought were dealt with by an earlier (and differently constituted) Tribunal. 2 The Applicant filed a further document entitled "Particulars of Claim" on 1 October 2008. It was in substantially the same terms as the earlier Particulars that had been filed on 8 July and it was on that later Application that the Applicant moved. 3 The Applicant ("Online") sought a declaration that the Respondent wrongfully re-entered premises known as Shop 2, 481 Old South Head Road, Rose Bay on or about 1 July 2008 and sought orders for an amount of damages to be awarded for the loss suffered as a result of that [unlawful] re-entry.