NSW Caselaw
Appeal Panel - Internal
CITATION: Skiwing Pty Ltd v Trust Company Ltd (RLD) [2010] NSWADTAP 73
APPELLANT Skiwing Pty Ltd PARTIES: RESPONDENT Trust Company Ltd
FILE NUMBER: 109023
HEARING DATES: 17 August 2010
SUBMISSIONS CLOSED: 17 August 2010
DATE OF DECISION: 10 November 2010
BEFORE: Chesterman M - Deputy President; Rickards K - Judicial Member; Griffiths G - Non-Judicial Member
CATCHWORDS: Retail Leases Act 1994 – retail shopping centre – outgoings – whether reasonably and properly incurred – calculation of lessee's contributions
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Retail Leases Act 1994 Retail Shop Leases Act 1994 (Qld)Trade Practices Act 1974 (Cth)
Davies v Lyndhurst Developments Pty Ltd [2001] NSWADT 9 Fluor Daniel Properties Ltd v Shortlands Investments Ltd [2001] 2 EGLR 103 Nicholls and Nicholls v Director General, Department of Education (No 2) [2009] NSWADTAP 20 O'Sullivan v Medical Council of NSW [2010] NSWADTAP 64 CASES CITED: Scudamore v Perpetual Trustee Australia Ltd (Unreported, Retail Shop Lease Tribunal, Queensland, Decision A/96, 1 March 1996) Skiwing Pty Ltd v Trust Company of Australia Ltd [2004] NSWADT 169 Skiwing Pty Ltd v Trust Company of Australia Ltd [2010] NSWADT 64 Skiwing Pty Ltd v Trust Company of Australia Ltd (No 3) [2004] NSWADT 94 Skiwing Pty Ltd v Trust Company of Australia (trading as Stockland Property Management) [2006] NSWCA 276 Telstra Corporation Ltd v Australian Competition and Consumer Commission [2008] FCA 1436Trust Company of Australia Ltd v Skiwing Pty Ltd (2006) 68 NSWLR 366; [2006] NSWCA 387
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