NSW Caselaw
CITATION: Polylux Pty Ltd v Corpers (No 5) Pty Ltd [2009] NSWADT 284
DIVISION: Retail Leases Division
APPLICANT Polylux Pty Ltd
PARTIES: First RESPONDENT Corpers (No 5) Pty Ltd 2nd RESPONDENT Michael Haydon O'Brien
FILE NUMBER: 085186
HEARING DATES: 21 July 2009
SUBMISSIONS CLOSED: 21 July 2009
DATE OF DECISION: 20 November 2009
BEFORE: Bluth D - Judicial Member
CATCHWORDS: Leave to lodge proceedings with extended time – meaning of liability or obligation
Retail Leases Act 1994 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Conveyancing Act 1919
Limitation Act 1969 Bischof & Anor v Werncog Pty Ltd [2004] NSWADT 241 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 CASES CITED: DB Reef Funds Management Ltd and P.T. v Valentino Home Fashion Pty Ltd [2009] NSW ADT 216 Heatherway Ply Ltd v Dykes & Wildie [2006] NSWADT 354 Sydney City Council v Sezegarac [I998] 43 - NSWLR 195 Western Sydney Area Health Service v Gabriel [2001] NSWCA 477 (17 December 2001)
APPLICANT Dr J Keogh, barrister REPRESENTATION: RESPONDENT E Young, barrister
ORDERS: 1. The Applicant's retail tenancy claim in the Application for Original Decision in proceedings may be lodged more than 3 years but no later than 6 years after the liability or obligation that is the subject of the claim arose 2. Proceedings 085186 are listed for directions hearing on Thursday 10 November 2009 at 10:30am.
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