NSW Caselaw
CITATION: ACN 079830595 Pty Ltd t/as Jolly Joe's Fish 'n' Chips v Wallis Lake Fisherman's Co-Operative Ltd (No 2) [2010] NSWADT 253
DIVISION: Retail Leases Division
APPLICANT ACN 079 830 595 Pty Limited t/as Jolly Joe's Fish 'n' Chips PARTIES: RESPONDENT Wallis Lake Fisherman's Cooperative Limited
FILE NUMBER: 085205
HEARING DATES: On the papers
SUBMISSIONS CLOSED: 23 March 2010
DATE OF DECISION: 25 October 2010
BEFORE: Olsson E, SC - Deputy President
CATCHWORDS: Costs
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997
McWilliams Wines Pty Ltd v Liaweena (NSW) Pty Ltd (1993) 32 NSWLR 190 at 192 CASES CITED: Salon Today Pty Ltd v MMIR Pty Ltd [2009] NSWADT 71 Grogan v Thiess Contractors Pty ltd [2000] NSWSC 1101 Rucom Pty Ltd and Anor v Multiplex and Ors [2010] NSWADT 1
APPLICANT G Hoeben of Counsel REPRESENTATION: RESPONDENT R Colquhoun of Counsel
ORDERS: Respondent to pay the Applicant's costs Respondent to pay interest on the sum of $48,559.00 from 14 December 2007 until 10 March 2010
REASONS FOR DECISION
1 The Tribunal delivered its decision in this matter on 1 February 2010 and made orders that: i)The respondent pay the applicant the amount of $36,778.00 damages (paragraph 36 of the Reasons for Decision)
ii)The respondent to pay the applicant the amount of $5,781.10 being loss of drink sales, equipment and re-location costs (paragraph 37 of the Reasons for Decision)
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