NSW Caselaw
Appeal Panel - Internal
CITATION: Trowbridge v Morris (RLD) [2010] NSWADTAP 70
APPELLANT Michael Charles Trowbridge PARTIES: RESPONDENT Voula Morris
FILE NUMBER: 109012
HEARING DATES: 6 September 2010
SUBMISSIONS CLOSED: 6 September 2010
DATE OF DECISION: 5 November 2010
BEFORE: O'Connor K - DCJ (President); Higgins S - Deputy President; Ward R - Non-Judicial Member
CATCHWORDS: Retail Leases - Appeal - error in calculation of amount of final order - procedural fairness - costs - small claims - fixed amount costs orders - orders varied - otherwise, appeal dismissed
DECISION UNDER APPEAL: Trowbridge v Morris [2010] NSWADT 18
FILE NUMBER UNDER APPEAL: 085161
DATE OF DECISION UNDER APPEAL: 01/19/2010
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994
CASES CITED: Trowbridge v Morris [2010] NSWADT 18 World Best Holdings Limited v Sarker [2010] NSWCA 24
APPELLANT In person REPRESENTATION: RESPONDENT J Laybutt, agent
1. Appeal dismissed except as follows. 2. Orders made below varied as follows: ORDERS: (i) In respect of the respective retail tenancy claims, the Appellant to pay the Respondent the amount of $570. (ii) In respect of the proceedings before the Retail Leases Division, the Appellant to pay the Respondent's costs fixed at $1876.75. 3. In respect of the appeal: (iii) Appellant to pay the Respondent's costs of the appeal, fixed at $350.
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