DUBOW v FITNESS FIRST AUSTRALIA PTY LTD AND 1 OR [2007] NSWSC 1390

New South Wales Supreme Court

CITATION : DUBOW v FITNESS FIRST AUSTRALIA PTY LTD AND 1 OR [2007] NSWSC 1390

HEARING DATE(S) : 14 September 2007

JUDGMENT DATE : 5 December 2007

JUDGMENT OF : Hulme J at 1

DECISION : (i) Extend the time for the Plaintiff to appeal from the order of the Consumer, Trader and Tenancy Tribunal made on 5 May 2005 to the effect that the Plaintiff is to pay 75% of the costs of Fitness First Australia Pty Ltd as agreed or as assessed on the basis set out in Division 6 of Part 11 of the Legal Profession Act, 1987.; (ii) Order that the order of the Consumer, Trader and Tenancy Tribunal made on 5 May 2005 to the effect that the Plaintiff is to pay 75% of the costs of Fitness First Australia Pty Ltd as agreed or as assessed on the basis set out in Division 6 of Part 11 of the Legal Profession Act, 1987 be quashed.; (iii) Order that the Plaintiff pay the costs of Fitness First Australia Pty Ltd of the application for the assessment of the costs ordered on 5 May 2005 to be paid insofar as …(COMPLETE).; (iv) Order that the First Defendant pay half of the Plaintiff's costs of these proceedings, as assessed or agreed.; (v) Stay any execution of orders (iii) and (iv) until further order, providing however that such stay shall not operate to prevent the assessment of costs pursuant to those orders or the taking of any steps incidental thereto.

Yolande Dubow PARTIES : Fitness First Australia Pty Limited Consumer Trader and Tenancy Tribunal

FILE NUMBER(S) : SC 30095/2005

COUNSEL : In person Mr P Thew

In person SOLICITORS : Kent Attorneys IV Knight Crown Solicitor

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION