NSW Caselaw
CITATION: Tarleton & Peters Pty Ltd v EK Nominees Pty Ltd [2010] NSWADT 248
DIVISION: Retail Leases Division
APPLICANT Tarleton & Peters Pty Ltd PARTIES: RESPONDENT E K Nominees Pty Ltd
FILE NUMBER: 105129
HEARING DATES: 16 September 2010
SUBMISSIONS CLOSED: 16 September 2010
DATE OF DECISION: 20 October 2010
BEFORE: Fox R - Judicial Member
CATCHWORDS: Commencement of Lease, (s8) - Costs of Interim Application, (s88 1A).
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail leases Act 1994
AT v Commissioner of Police [2010] NSWCA 131 Aspromonte Pty Ltd v Zagari [1999} NSWSC 83 Colgate Palmolive Co v Cussons Pty Ltd (1993) 118 ALR 284 CASES CITED: Helau & Ors v Bong Bong Pty Ltd [2006] NSWADT 128 Jewell Bay Pty Ltd v DPT Operator Pty Ltd (No2) [2010] 204 Lau v Westfield Limited [2005] NSWADT 165 Randi Wix Pty Ltd v Pokana Pty Ltd (No 2)[2003] NSWADT 4 Rucom Pty Ltd and Anor v Multiplex & Ors [2010] NSWADT 1 Trust Company of Australia Ltd (Stockland Property Management Ltd) v Skiwing Pty Ltd t/as Cafe Tiffany's (No 4) [2005] NSWADTAP 32
APPLICANT Mr Kidd, barrister REPRESENTATION: RESPONDENT Ms Sharpe, barrister
1 Urgent interim application for order restraining Respondent from entering into lease, or allowing Harris Farm Markets to sell meat denied 2 Applicant's application for costs denied, no order for costs ORDERS: 3 Parties referred to Retail Tenancy Unit for mediation 4 Applicant to file with RTU and serve list of points for mediation by 30th September 2010 5 Respondent to file with RTU and serve list of points in reply by 14th October 2010 6 Further Directions 11th November 2010.
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