Meriton Properties Pty Ltd v DCM Leases-Five Pty Ltd [2009] NSWADT 121

CITATION: Meriton Properties Pty Ltd v DCM Leases-Five Pty Ltd [2009] NSWADT 121

DIVISION: Retail Leases Division

APPLICANT Meriton Properties Pty Ltd

PARTIES: 1ST RESPONDENT DCM Leases-Five Pty Ltd

2ND RESPONDENT Wayne Douglas Plant

FILE NUMBER: 085163

HEARING DATES: 25 March 2009

SUBMISSIONS CLOSED: 18 March 2009

DATE OF DECISION: 26 May 2009

BEFORE: Chesterman M - Deputy President

CATCHWORDS: Guarantee – formation of contract

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

Davidson v Cooper (1844) 13 M & W 344 Jones v Dunkel (1959) 101 CLR 298 Kindful (Australia) Pty Ltd v Country Villa Holdings Pty Ltd (No 2) [2006] NSWADT 357 CASES CITED: Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 Pirie v Saunders (1966) 104 CLR 149 Saunders v Anglia Building Society [1970] 3 All ER 961 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 265; [2004] HCA 52

APPLICANT T Maltz, barrister

REPRESENTATION: 1ST RESPONDENT No appearance

2ND RESPONDENT E Hyde, barrister

1. The First Respondent is liable to the Applicant for damages totalling $114,944.56, inclusive of interest in the sum of $4,940.08 ORDERS: 2. The Second Respondent is liable to pay to the Applicant the sum of $114,944.56 3. Any application for costs in the proceedings between the Applicant and the Second Respondent must be filed and served, with supporting submissions, within 28 days of the date of this decision. The opposing party must file and serve submissions in reply within a further 28 days. Unless reasons are advanced for a hearing to be conducted, the matter will be resolved 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997.