NSW Caselaw
CITATION: Skiwing Pty Ltd v Trust Company of Australia Limited [2010] NSWADT 64
DIVISION: Retail Leases Division
APPLICANT Skiwing Pty Ltd PARTIES: RESPONDENT Trust Company of Australia Ltd
FILE NUMBER: 075002 (formerly 045078)
HEARING DATES: 16, 17 and 18 March 200922 May 2009
SUBMISSIONS CLOSED: 27 July 2009
DATE OF DECISION: 9 March 2010
BEFORE: Higgins S - Judicial Member
CATCHWORDS: Claim for payment of money – refund of outgoings paid – whether outgoings were 'properly and reasonably' incurred – proper procedure where outgoing statement and audited statement.
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Retail Leases Act 1994 Retail Leases Amendment Act 2005
Davies v Lyndhurst Developments Pty Ltd [2001] NSWADT 9 Finchbourne Ltd v Rodrigues [1976] 3All ER 581 Havenridge Ltd v Boston Dyers Ltd [1994] 49 EG 111; [1994] 2 EGLR 73 Skiwing Pty Ltd v Trust Co of Australia Ltd (No3) [2004] NSWADT 94 CASES CITED: Skiwing Pty Ltd v Trust Company of Australia Ltd [2005] NSWADT 188 Skiwing Pty Ltd v Trust Company of Australia Ltd [2005] NSWADTAP 10 Skiwing Pty Ltd v Trust Company of Australia Limited [2004] NSWADT 169 Trust Company of Australia Ltd v Skiwing Pty Ltd (2006) 68 NSWLR 366 and [2006] NSWCA 387 Trust Company of Australia Limited v Skiwing Pty Ltd (No2)(RLD) [2005] NSWADTAP 71
APPLICANT Z Stojanoski, director REPRESENTATION: RESPONDENT M Allars, barrister
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