Mirvac Funds Ltd v Frost (No 2) [2010] NSWADT 41

CITATION: Mirvac Funds Ltd v Frost (No 2) [2010] NSWADT 41 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: Retail Leases Division

APPLICANT Mirvac Funds Limited BNY Trust Company of Australia Limited

PARTIES: RESPONDENT Mitchell Frost

INTERVENOR Registrar of Retail Tenancy Disputes

FILE NUMBER: 085157, 085175

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 11 August 2009

DATE OF DECISION: 11 February 2010

BEFORE: Higgins S - Judicial Member

CATCHWORDS: Retail lease, standing to bring claim, claim for payment of money, mitigation, costs

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Retail Leases Act 1994 Victorian Civil and Administrative Tribunal Act 1998 (Vic)

Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Dennis Corporation Pty Ltd v Casey CC (Red Dot) [2008] VCAT 691 CASES CITED: Gizah Pty Ltd v AXA Trustees Ltd (No 2) [2001] NSWADT 164 Jonamill Pty Ltd v Alramon Pty Ltd (No 2) (RLD) [2010] NSWADTAP 3 Mirvac Funds Limited and anor v Frost [2009] NSWADT 94 Young v Lamb (No 2) [2001] NSWSC 1041and Winky Pop Pty Ltd v Hobsons Bay CC [2008] VCAT 1512

APPLICANT A Horvath, barrister

REPRESENTATION: RESPONDENT In person

INTERVENOR B Carlsund, Registrar

1.Mr Frost to pay BNY Trust Company an amount of $26,656.09 plus GST and interest, at the applicable rate at the relevant time at which in from 15 September 2008 to 4 May 2009 ORDERS: 2.BNY Trust Company's application for costs is refused 3.The application(s) in so far as they have been brought by Mirvac Funds Limited is dismissed.