NSW Caselaw
Appeal Panel - Internal
CITATION: Plant v Meriton Properties Pty Ltd (RLD) [2009] NSWADTAP 62
APPELLANT Wayne Douglas Plant PARTIES: RESPONDENT Meriton Properties Pty Ltd
FILE NUMBER: 099037
HEARING DATES: 15 October 2009
SUBMISSIONS CLOSED: 15 October 2009
DATE OF DECISION: 23 October 2009
BEFORE: O'Connor K - DCJ (President); Molloy G - Judicial Member; Harrison B - Non-Judicial Member
CATCHWORDS: Retail Leases - Company Lessee - Director's Personal Guarantee - Whether Signature Binding in Circumstances - Objective Approach - Appeal Dismissed
DECISION UNDER APPEAL: Meriton Properties Pty Ltd v DCM Leases-Five Pty Ltd [2009] NSWADT 121
FILE NUMBER UNDER APPEAL: 085163
DATE OF DECISION UNDER APPEAL: 05/26/2009
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994
Benson-Brown v Smith [1999] VSC 208 CASES CITED: Meriton Properties Pty Ltd v DCM Leases-Five Pty Ltd [2009] NSWADT 121 Saunders v Anglia Building Society [1970] 3 All ER 961 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; (2004) 291 CLR 265
APPELLANT D Leamey, solicitor REPRESENTATION: RESPONDENT T Maltz, barrister / L Wong, solicitor
ORDERS: 1. Appeal dismissed. 2. Directions in relation to the respondent's foreshadowed application for costs of the appeal, see para [27].
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