Davis v Sydney Harbour Foreshore Authority [2010] NSWADTAP 43

Appeal Panel - Internal

CITATION: Davis v Sydney Harbour Foreshore Authority [2010] NSWADTAP 43

APPELLANT Evan Davis PARTIES: RESPONDENT Sydney Harbour Foreshore Authority

FILE NUMBER: 99072

HEARING DATES: 12 February 2010

SUBMISSIONS CLOSED: 12 February 2010

DATE OF DECISION: 16 June 2010

BEFORE: Chesterman M - Deputy President; Bluth D - Judicial Member; Tyler T - Non-Judicial Member

CATCHWORDS: Retail lease – holding-over – misleading and deceptive conduct – unconscionable conduct

DECISION UNDER APPEAL: Davis v Sydney Harbour Foreshore Authority (No 2) [2009] NSWADT 276

FILE NUMBER UNDER APPEAL: 075019

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994

Attorney General of NSW v World Best Holdings Ltd (2005) 63 NSWLR 557 Davis v Sydney Harbour Foreshore Authority (No 2) [2009] NSWADT 276 CASES CITED: Hornsby Building Information Centre Pty Ltd v Sydney Building Sydney Information Centre (1978) 140 CLR 216 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Satchithanantham v Zeaiter Corporate Holdings Pty Ltd [2009] NSWADTAP 53

APPELLANT Evan Davis REPRESENTATION: RESPONDENT Sydney Harbour Foreshore Authority

1.The appeal is dismissed ORDERS: 2. Unless within 21 days the Appellant files and serves submissions showing why costs should not be awarded against him, the Appellant is to pay on a party-party basis the Respondent's costs of and incidental to this appeal 3. If submissions are filed pursuant to Order 2, the Respondent must file and serve submissions in response within a further 21 days 4. The Appeal Panel will determine the matter of costs without a hearing, pursuant to section 76 of the Administrative Decisions Tribunal Act 1997.