Rasko Holdings Pty Ltd v Peat and ors [2008] NSWADT 43

CITATION: Rasko Holdings Pty Ltd v Peat and ors [2008] NSWADT 43

DIVISION: Retail Leases Division

APPLICANT Rasko Holdings Pty Ltd

FIRST RESPONDENT Daryl Martin Peat

SECOND RESPONDENT Goislav Burcul PARTIES: THIRD RESPONDENT Wendy Burcul

FOURTH RESPONDENT William Costello

FIFTH RESPONDENT Susan Joy Costello

FILE NUMBER: 065089 (Related matters 065117, 065119)

HEARING DATES: 3 December 2007

SUBMISSIONS CLOSED: 3 December 2007

DATE OF DECISION: 6 February 2008

BEFORE: Olsson E SC - Deputy President; Harrison B - Non Judicial Member; Griffiths G - Non Judicial Member

CATCHWORDS: Claim for payment of money - Costs

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Retail Leases Act 1994

Charteris v General Manager, Leichhardt Municipal Council [2001] NSWADTAP 12 CASES CITED: Gizah Pty Ltd v AXA Trustees Ltd (No 2) [2001] NSWADT 164 Stefopoulos v Manikas (No 3) [2004] NSWADT 172 Wood and Anor v Bergman (No2) [2003] NSWADT 175

APPLICANT A Zahra, barrister

REPRESENTATION: FIRST RESPONDENT J Gooley, barrister

SECOND, THIRD, FOURTH AND FIFTH RESPONDENTS: No appearance

1. In matter No. 065089, the Tribunal notes that the application against Goislav and Wendy Dawn Burcul had previously been dismissed with no order as to costs. 2. In matter No. 065089, the Tribunal gives leave to Rasko to discontinue the application as against Daryl Peat, the first Respondent, with no order as to costs. ORDERS: 3. In matter No. 065089, the Tribunal orders Susan and William Costello to pay to Rasko the sum of $48,663.15, (being $38,891.30 plus $9,771.85) plus costs as agreed or assessed. 4. In matter No. 065117, the application is dismissed. Rasko made an application for costs in respect of this matter. The costs which were claimed (and which have been allowed) in matter No. 065089 were particularized, inter alia, in the affidavit of Michael Doropoulos sworn on 28 November 2007 and plainly include costs arising from the counter claim filed by the Costello's. In those circumstances, the Tribunal declines to make any further order as to costs. 5. In accordance with the application made by Peat, matter No. 065119 is adjourned for directions on a date to be fixed by the Registry.