NSW Caselaw
Appeal Panel - Internal
CITATION: Ull Pty Ltd v Adwell Holdings Pty Ltd (No 2) [2010] NSWADTAP 49
APPELLANT Ull Pty Ltd PARTIES: RESPONDENT Adwell Holdings Pty Ltd
FILE NUMBER: 099063
HEARING DATES: On the papers
SUBMISSIONS CLOSED: 13 April 2010
DATE OF DECISION: 1 July 2010
BEFORE: Chesterman M - Deputy President
CATCHWORDS: Costs of appeal – unsuccessful application for leave to proceed – notice of appeal lodged out of time
DECISION UNDER APPEAL: Ull Pty Ltd v Adwell Holdings Pty Ltd and Adwell Holdings Pty Ltd v Ull Pty Ltd [2009] NSWADT 246
FILE NUMBER UNDER APPEAL: 065045, 065130
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994
AT v Commissioner of Police [2010] NSWCA 131 Dykes and Wildie v Heatherway Pty Ltd (No 2) (RLD) [2007] NSWADTAP 46 Gizah Pty Ltd v AXA Trustees Ltd (No 2) [2001] NSWADT 164 CASES CITED: Jonamill Pty Ltd v Alramon Pty Ltd (No 2) (RLD) [2010] NSWADTAP 3 Rucom Pty Ltd and Anor v Multiplex & Ors [2010] NSWADT 1 Ull Pty Ltd v Adwell Holdings Pty Ltd (RLD) [2010] NSWADTAP 15 Ull Pty Ltd v Adwell Holdings Pty Ltd and Adwell Holdings Pty Ltd v Ull Pty Ltd [2009] NSWADT 246
APPELLANT S Spring, agent REPRESENTATION:
RESPONDENT M Finlay solicitor
ORDERS: The Appellant is to pay the Respondent's costs of and incidental to these appeal proceedings, as agreed or assessed. These costs are to include the Respondent's costs of and incidental to its attendances at the Tribunal on 15 December 2009 and 18 January 2010 and its costs of this application for costs.
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