Horwood v Memocorp Australia Pty Ltd (No 2) [2010] NSWADT 174

CITATION: Horwood v Memocorp Australia Pty Ltd (No 2) [2010] NSWADT 174

DIVISION: Retail Leases Division

APPLICANT/CROSS RESPONDENT Richard Frank Horwood PARTIES: RESPONDENT/CROSS APPLICANT Memocorp Australia Pty Ltd

FILE NUMBER: 085212, 095064

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 27 May 2010

DATE OF DECISION: 13 July 2010

BEFORE: Chesterman M - Deputy President; Fagg N - Non-Judicial Member ; Griffiths G - Non-Judicial Member

CATCHWORDS: Costs – retail lease

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994

AT v Commissioner of Police [2010] NSWCA 131 Ermsdorf Holdings Pty Ltd v Yuyucuoglu [2004] NSWSC 681 Gizah Pty Ltd v AXA Trustees Ltd (No 2) [2001] NSWADT 164 CASES CITED: Higgins v Statewide Developments Pty Ltd [2010] NSWSC 383 Horwood v Memocorp Australia Pty Ltd [2010] NSWADT 69 Jonamill Pty Ltd v Alramon Pty Ltd (No 2) (RLD) [2010] NSWADTAP 3 Law Society of New South Wales v Dimitriou (No 2) [2010] NSWADT 37 Rucom Pty Ltd and Anor v Multiplex & Ors [2010] NSWADT 1

APPLICANT A Fernon, barrister REPRESENTATION: RESPONDENT M Sneddon, barrister

ORDERS: The Respondent/Cross Applicant is to pay 85% of the Applicant/Cross Respondent's costs of these proceedings, as agreed or assessed

REASONS FOR DECISION

Introduction

1 This decision relates to the costs of proceedings that the Tribunal has heard and determined, involving the parties to a retail shop lease ('the Lease') and a further lease granted following the exercise of an option to renew ('the Renewed Lease'), relating to premises in a retail shopping centre at Strathfield. The lessor in the proceedings is the Respondent/Cross Applicant, Memocorp Australia Pty Ltd ('Memocorp'). The lessee is the Applicant/Cross Respondent, Mr Richard Horwood.