NSW Caselaw
CITATION: Adwell Holdings Pty Ltd v Ull Pty Ltd [2010] NSWADT 166
DIVISION: Retail Leases Division
APPLICANT Adwell Holdings Pty Ltd, 065045 Ull Pty Ltd, 065130 PARTIES: RESPONDENT Ull Pty Ltd, 065130 Adwell Holdings Pty Ltd, 065045
FILE NUMBER: 065045 and 065130
HEARING DATES: On the papers
SUBMISSIONS CLOSED: 12 April 2010
DATE OF DECISION: 1 July 2010
BEFORE: Olsson E, SC - Deputy President
CATCHWORDS: Costs
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997
CASES CITED: Salon Today Pty Ltd v MMIR Pty Ltd [2009] NSWADT 71 Rucom Pty Ltd and Anor v Multiplex and Ors [2010] NSWADT 1
APPLICANT Gary Cleary and Associates for Adwell Holdings Pty Ltd S Spring for Ull Pty Ltd REPRESENTATION:
REPSONDENT Gary Cleary and Associates for Adwell Holdings Pty Ltd S Spring for Ull Pty Ltd
ORDERS: Ull Pty Ltd pay the costs of Adwell Holdings Pty Ltd in both matters on the ordinary basis.
REASONS FOR DECISION
1 The Tribunal delivered its decision in these matters on 24 September 2009 and made orders that Ull Pty Ltd pay to Adwell Holdings Pty Ltd the sum of $3,237.88. The Tribunal gave the parties leave to file submissions as to costs, failing which the order would be that each party pay its own costs. 2 An appeal was lodged and determined by the Appeal Panel on 15 March 2010.
3 The appeal required leave as it was brought out of time. Leave was refused.
4 Submissions as to costs relating to the matter before the Tribunal (as distinct from the Appeal Panel) were received from Adwell Holdings Pty Ltd in October 2009 but were not received from Ull Pty Ltd until 12 April 2010, after the appeal was heard and determined.
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