Demertjis & Anor v Chauhan (RLD) [2008] NSWADTAP 43

Appeal Panel - Internal

CITATION: Demertjis & Anor v Chauhan (RLD) [2008] NSWADTAP 43

APPELLANTS Charles Demertjis and David Demertjis PARTIES: RESPONDENT Champavati Chauhan

FILE NUMBER: 089018

HEARING DATES: 1 May 2008

SUBMISSIONS CLOSED: 1 May 2008

DATE OF DECISION: 22 July 2008

BEFORE: Chesterman M - Deputy President; Higgins S - Judicial Member; Weule B - Non Judicial Member

FILE NUMBER UNDER APPEAL: 075042

DATE OF DECISION UNDER APPEAL: 02/04/2008

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

Aussie Traveller Pty Ltd v Marklea [1998] 1 Qd R 1 Chauhan v Demertjis & Anor [2008] NSWADT 41 CASES CITED: Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 Jolly Joe's Fish 'n' Chips v Wallis Lake Fishermen Co-operative Ltd [2007] NSWADT 297 Jones v Dunkel (1959) 101 CLR 298 Spathis v Hanave Investment Co Pty Ltd & Anor [2002] NSWSC 304

B Pluznyk, solicitor REPRESENTATION: M Rollinson, barrister

1. Leave is granted for the appeal to extend to a review of the merits. ORDERS: 2. The appeal is allowed in part. 3. Order 1 in the Tribunal's decision of 4 February 2008 is set aside and the following order substituted: 'The Respondent landlord is to pay the Applicant tenant the sum of $13,500.00 by way of damages.' 4. Any application for costs in these appeal proceedings must be filed and served, with supporting submissions, within 28 days of the date of this decision. The opposing party must file and serve submissions in reply within a further 28 days. Unless reasons are advanced for a hearing to be conducted, the matter will be resolved 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997.