Davis v Sydney Harbour Foreshore Authority (No 3) [2010] NSWADT 153

CITATION: Davis v Sydney Harbour Foreshore Authority (No 3) [2010] NSWADT 153

DIVISION: Retail Leases Division

APPLICANT Evan Davis PARTIES: RESPONDENT Sydney Harbour Foreshore Authority

FILE NUMBER: 075019

HEARING DATES: 29 January 2010

SUBMISSIONS CLOSED: 5 February 2010

DATE OF DECISION: 18 June 2010

BEFORE: Olsson E, SC - Deputy President

CATCHWORDS: Disqualification for bias

LEGISLATION CITED : Retail Leases Act 1994 Administrative Decisions Tribunal Act 1997

Rucom Pty Ltd and Anor v Multiplex andn Ors [2010] NSWADT 1 CASES CITED: Salon Today Pty Ltd v MMIR Pty Ltd [2009] NSWADT 164 Callow v Rupchev [2009] NSWCA 148 Kwan v Kang [2003] NSWCA 336.

APPLICANT In person REPRESENTATION: RESPONDENT M Snedden, barrister

ORDERS: 1.Application dismissed 2.Applicant to pay the Respondents costs of the substantive hearing and of the hearing as to bias and costs

REASONS FOR DECISION

1 This matter has had a long history. The substantive proceedings were determined on 4 November 2009 (Davis v Sydney Harbour Foreshore Authority (No 2) [2009] NSWADT 276. 2 In the substantive application the Tribunal determined that the application would be dismissed and made an order as to costs, which was stayed for a period of 14 days to permit the parties to address the Tribunal on costs if they desired to do so.

3 Both parties made submissions and the matter was listed for hearing on the question of costs on 7 December 2009. Following an application by the applicant that date was vacated and the matter was re-listed for hearing on 29 January 2010.