Wilson v Sydney Markets Ltd (No 3) [2010] NSWADT 215

CITATION: Wilson v Sydney Markets Ltd (No 3) [2010] NSWADT 215

DIVISION: General Division

APPLICANT William Wilson PARTIES: RESPONDENT Sydney Markets Limited

FILE NUMBER: 095163

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 26 November 2010

DATE OF DECISION: 27 August 2010

BEFORE: Fox R - Judicial Member

CATCHWORDS: Costs

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

Australian Aqua Air Pty Ltd v Chief Commissioner of State Revenue [2009] NSWADT 239 CASES CITED: Cronulla Newsagency v Pizzata & Ors [2002]NSWADT 202 Trust Company of Australia Ltd v Craig and Ors [2005] NSWADT 65 Sydney Markets Limited v Wilson [2010] NSWADTAP 45

APPLICANT D Williams SC REPRESENTATION: RESPONDENT R J Carruthers, barrister

ORDERS: Respondent to pay the Applicant's costs of preparing for and appearing at the:-1.Mediation appointed by the Retail Tenancy Unit, including any application fees and Mediator's fees paid 2.22nd October 2009 interlocutory hearing.

REASONS FOR DECISION

1 Pursuant to my Orders of 11th November 2009, in which I gave the parties "leave" to agitate the question of a costs order, on 19th November 2009 the Applicant filed submissions supported by his affidavit of the same date. The Respondent replied on 26th November 2009, and those submissions were supported by an affidavit of T J Webster, solicitor for the Respondent, sworn on that day. The matter then unfortunately slipped from view during the course of the hearing and publication of the decision in the appeal. [Sydney Markets Limited v Wilson [2010] NSWADTAP 45]