Aspen Funds Management Limited v. Hurst & Lim Pty Ltd and Ors [2009] NSWADT 286

CITATION: Aspen Funds Management Limited v. Hurst & Lim Pty Ltd and Ors [2009] NSWADT 286

DIVISION: Retail Leases Division

APPLICANT Aspen Funds Management Limited PARTIES: RESPONDENT Hurst and Lim Pty Limited

FILE NUMBER: 095027

HEARING DATES: 8 September 2009

SUBMISSIONS CLOSED: 8 September 2009

EXTEMPORE DECISION DATE: 8 September 2009 BEFORE: Molloy G - Judicial Member

CATCHWORDS: Ex parte hearing principles

LEGISLATION CITED : Civil Procedure Act, 2005 Retail Leases Act, 1994

AON Risk Services Australia Ltd v. Australian National University [2009] HCA 27 CASES CITED: Caltex Refining Co Pty Ltd v. Maritime Services Board of NSW (1995) 36 NSWLR Law Society of NSW v. Gallagher [1999] NSWADT 8.Solomon & Anor v. Singh (No. 3) [2006] NSWADT 120

APPLICANT D Fitzpatrick, Barrister REPRESENTATION: RESPONDENT R King, Solicitor

ORDERS: 1.I order the First, Second and Third Respondents to pay to the Applicant $34,860.51 2.No order as to costs.

REASONS FOR DECISION

1 On 8 September 2009 I heard and determined this matter. On that day I delivered an ex tempore Judgment.

2 The Respondents have requested written reasons to be provided. There are two methods of compliance with the law in this regard: firstly, one can simply adopt the ex tempore reasons, with appropriate spelling/paragraph alterations or, secondly, one can prepare a full written Decision. I have opted for an amalgam, namely adoption of the ex tempore decision with insertion of additional material in a way of further explanation and fleshing out the original Decision. The result is, of course, the same.