Handcock & ors v Salemon Enterprises Pty Ltd (in liquidation) & anor (No 2) [2009] NSWADT 72

CITATION: Handcock & ors v Salemon Enterprises Pty Ltd (in liquidation) & anor (No 2) [2009] NSWADT 72

DIVISION: Retail Leases Division

APPLICANTS Francis Charles Handcock Anthony John Wilkins Maureen Joan Wilkins

PARTIES: FIRST RESPONDENT Salemon Enterprises Pty Ltd (in liquidation)

SECOND RESPONDENT Albert Salemon

FILE NUMBER: 085102

HEARING DATES: 23 February 2009

SUBMISSIONS CLOSED: 23 February 2009

DATE OF DECISION: 3 April 2009

BEFORE: Rickards K - Judicial Member

CATCHWORDS: compensation for breach of lease, costs

Retail Leases Act 1994 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Legal Profession Act 2004

Chauhan –v- Demertjis & Anor (2008) NSW ADT 304 CASES CITED: Kondos & Anor. –v- Citadin Pty Ltd (2003) NSW ADTAP7 Hayden Fowler Corbett Jessop –v- Toro Constructions Pty Ltd (2008) NSWCA 178 Lemoto –v- Abel Technical Pty Ltd (2005) NSWCA 153

APPLICANT In person REPRESENTATION: RESPONDENT No appearance

1. The Application against the First Respondent is dismissed ORDERS: 2.The Second Respondent is to pay the sum of $14,137.46 to the Applicants 3.The Second Respondent is to pay the Applicants' costs of these proceedings upon a party/party basis as agreed or assessed, but not to include costs incurred by the Applicants in respect of proceedings in the Local Court or costs incurred by the Applicants in respect of the Notice of Motion filed in these proceedings by the Second Respondent 4.The solicitor for the Second Respondent, Mr Bobi Damcevski, is to personally pay any legal costs of the Applicants in respect of the Notice of Motion filed by the Second Respondent in these proceedings upon a party/party basis, as agreed or assessed.