Zouk v Lyons Road Pty Ltd [2009] NSWADT 203

CITATION: Zouk v Lyons Road Pty Ltd [2009] NSWADT 203

DIVISION: Retail Leases Division

APPLICANTS Emelie ZoukEmelie Zouk Pty Limited PARTIES: RESPONDENT Lyons Road Pty Limited

FILE NUMBER: 055029

HEARING DATES: 6 July 2009

SUBMISSIONS CLOSED: 6 July 2009

DATE OF DECISION: 31 July 2009

BEFORE: Rickards K - Judicial Member

CATCHWORDS: Production of documents – relevance

LEGISLATION CITED : Administrative Decisions Tribunal (General) Regulation 2004

CASES CITED: AF v Healthquest (2009) NSWADT AP42 Simpson v Monteith (2009) NSWSC 156

APPLICANTS G Evans, barrister REPRESENTATION: RESPONDENT J Knackstredt, barrister

1.The Applicant is directed to produce to the Respondent within 21 days all documents within its control or possession as set out below: a.Profit & Loss Statements for the Applicant for the years ending 30 June 2004 to date b.Income Tax Returns for the Applicant for the years ending 30 June 2004 to date c.Notices of Assessment for the Applicant for the years ending 30 June 2004 to date ORDERS: d.Ledger print outs relating to the Birkenhead shops and to the Drummoyne shop for the financial years ending 30 June 2004 to date e.Group Certificates for employees of the Applicant for the financial years ending 30 June 2004 to date f.All leases, licences, agreements, notices and correspondence relating to the occupancy and termination of occupancy by the Applicant of the Birkenhead Shop. 2.The Applicant's costs of compliance with Order 1 are to be costs in the cause. 3.The costs of this interlocutory hearing are reserved and are to be determined at the conclusion of the proceedings. 4.These proceedings are to be listed for further directions on 13 August 2009.