Uckan v A & J Verdi Pty Ltd (No 2) [2010] NSWADT 256

CITATION: Uckan v A & J Verdi Pty Ltd (No 2) [2010] NSWADT 256

DIVISION: General Division

APPLICANT Metin and Cetin Uckan

PARTIES: RESPONDENT A & J Verdi Pty Alexander Verdi Julieanne Verdi

FILE NUMBER: 105113

HEARING DATES: 30 August 2010

SUBMISSIONS CLOSED: 8 October 2010

DATE OF DECISION: 27 October 2010

BEFORE: Rickards K - Judicial Member

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997

APPLICANT G Rich, barrister REPRESENTATION: RESPONDENT D Robertson, barrister

ORDERS: 1. Each party is to bear its own costs related to the hearing on 30 August 2010.

REASONS FOR DECISION

1 An interim decision was made in these proceedings on 10 September 2010 in relation to two defined issues. An order was also made that there would be no order as to costs unless either party filed and served submissions as to costs. The proceedings were then listed for further directions before the Registrar.

2 Other orders were also made at the end of the hearing on 30 August 2010 that the Respondents were to pay monthly rent of $5,364.93 on or before 7 September 2010 and thereafter to make further monthly payments of rent in that sum payable on the first day of each month, subject to any further orders of the Tribunal.

3 Submissions in relation to costs were apparently filed by the Applicants on 22 December 2010 and later served upon the Respondents. The Respondents objected to reliance by the Applicants upon such submissions because they were not served within 14 days of the decision as set out within the orders made on 10 September 2010. Alternatively, the Respondents sought an extension of time to file submissions in reply, and those submissions were then filed by the Respondents on 8 October 2010. In the circumstances, each party has had a fair opportunity to make submissions as to costs, and those submissions have accordingly been considered in relation to this decision as to costs.