Giardini and ors v Blandino and ors [2008] NSWADT 66

Set aside by Appeal :

CITATION: Giardini and ors v Blandino and ors [2008] NSWADT 66

DIVISION: Retail Leases Division

APPLICANTS/CROSS RESPONDENTS Robert Guy Giardini Danielle Simone Giardini Gabriele Giardini PARTIES: Gemma Giardini

RESPONDENTS/CROSS APPLICANTS Guiseppe Balndino Berenice Blandino Paul Blandino

FILE NUMBER: 075023, 075086

HEARING DATES: 17 December 2007

SUBMISSIONS CLOSED: 17 December 2007

DATE OF DECISION: 4 March 2008

BEFORE: Rickards K - Judicial Member

CATCHWORDS: Claim for declaration of rights, obligations and liabilities under a lease - Claim for payment of money

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Retail Lease Act 1994

Armstrong Jones Management Pty Ltd v Saies-Bond and Associates Pty Ltd (2007) ADTAP47 D & D Ventures Pty Ltd v Evans and Another (2004) NSWADT 30 CASES CITED: Karacominakis v Big Country Developments Pty Ltd (2000) NSWCA313 O'Neill v Medical Benefits Fund and Another (1992) 108ALR479 Young v Lamb (No.2) (2001) NSWSC1014

APPLICANT S Walsh, barrister REPRESENTATION: RESPONDENT J Reimer, barrister

1. In proceedings number 075086, the Application is dismissed ORDERS: 2. In proceedings number 075023, order that the Respondents pay to the Applicants the sum of $39,692.76 3. Either party may file submissions regarding costs within twenty one days and, if so filed the other party to file any submissions in response within a further twenty one days and the issue of costs is then to be decided on the papers. If no submissions are made then there is to be no order as to costs.