Vale v Rosychamp Pty Ltd [2006] NSWSC 1341

New South Wales Supreme Court

CITATION : Vale v Rosychamp Pty Ltd [2006] NSWSC 1341

HEARING DATE(S) : 11/09/06 JURISDICTION : Equity Division Duty List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 09/11/2006

DECISION : Summons dismissed with costs

CATCHWORDS : COSTS – Interlocutory application brought in respect of retail lease proceedings in ADT – application wholly unsuccessful – whether costs question should be determined by court or remitted to ADT

David Vale (P1) PARTIES : Woodfire Pizza Co Pty Ltd ACN 061 445 010 (P2) Rosychamp Pty Ltd ACN 069 714 450 (D)

FILE NUMBER(S) : SC 4743/06

COUNSEL : Mr R Newell (P) Ms D Hogan-Doran (D)

SOLICITORS : Leonard Legal (P) Bernard Chiu (D)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST

BRERETON J

Monday 11 September 2006

4743/06 David Vale v Rosychamp Pty Limited JUDGMENT (Ex tempore) 1 HIS HONOUR: On 8 September 2006 the plaintiff David Vale, approached the duty judge with a summons seeking an order that the defendant, Rosychamp Pty Limited, not take any steps to disturb Mr Vale's possession of (unspecified) premises until further order, and a further order that the summons be remitted to the Administrative Decisions Tribunal ("the ADT"). 2 The plaintiff is apparently the applicant in proceedings in the ADT, in which they sought relief against forfeiture and damages for unconscionable conduct against the defendant, which is the respondent in the ADT. The evidence before me is, to say the least, sparse, and I can act only on assertions which have been made from the bar table. However, as I understand it, the application for relief against forfeiture, at least on an interim basis, was refused by the ADT, and the application to this Court was brought pending the hearing and determination of an application for leave to appeal from that decision to the Appeals Panel of the ADT.