O’Neill v Henry (No 2) [2009] NSWADT 294

CITATION: O'Neill v Henry (No 2) [2009] NSWADT 294

DIVISION: Retail Leases Division

APPLICANT Jeffrey Raymond O'Neill

FIRST RESPONDENT Jamie Michael Raymond PARTIES: SECOND RESPONDENT Henry Stephen Paul Dykes

THIRD RESPONDENT Jennine Gay Dykes

FILE NUMBER: 085214

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 13 November 2009

DATE OF DECISION: 27 November 2009

BEFORE: Chesterman M - Deputy President; Ward R - Non-Judicial Member ; Griffiths G - Non-Judicial Member

CATCHWORDS: Retail lease – costs

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

Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 CASES CITED: Gizah Pty Ltd v AXA Trustees Ltd (No 2) [2001] NSWADT 164 O'Neill v Henry [2009] NSWADT 254 Salon Today Pty Ltd v M. M. I. R. Pty Ltd [2009] NSWADT 71

APPLICANT R Murphy, solicitor REPRESENTATION: SECOND AND THIRD RESPONDENT K Halyburton, solicitor

ORDERS: The Applicant is to pay on a party-party basis the legal costs and the disbursements incurred by the Second and Third Respondents in the proceedings between these parties.

REASONS FOR DECISION

Introduction

1 This decision relates to the costs and disbursements incurred by the Second and Third Respondents in defending these Tribunal proceedings, which were instituted under the Retail Leases Act 1994 ('the RL Act').

2 The Applicant is Mr Jeffrey O'Neill. He was represented in these proceedings by Mr Richard Murphy, of Pavey & Murphy, Solicitors. The First Respondent, Mr Jamie Henry, represented himself at the hearing but subsequently retained a solicitor to prepare and file written submissions on his behalf. At the hearing, the Second Respondent, Mr Stephen Dykes, represented both himself and the Third Respondent, Mrs Jennine Dykes, who is his wife. Mr and Mrs Dykes subsequently retained Ms Kathryn Halyburton, of Harris Wheeler, Lawyers, to prepare and file written submissions on their behalf.