NSW Caselaw
New South Wales Court of Appeal
CITATION: Dee-Tech Pty Limited & Bright Star Laundry Pty Ltd v Neddam Holdings Pty Ltd [2010] NSWCA 290
HEARING DATE(S): 1 November 2010
JUDGMENT DATE: 1 November 2010
JUDGMENT OF: Allsop P at 1
EX TEMPORE JUDGMENT DATE: 1 November 2010
1. The appellants immediately release for the benefit of the respondent the amount of $7,000 held in the account of L J Hooker Commercial Central Coast in respect of outgoings payable from 18 March 2010 to 18 October 2010. 2. The appellants shall pay by 4 pm Friday 26 November 2010 the amount of $3,500 into the account of L J Hooker Commercial Central Coast to be held in escrow in respect of outgoings payable from 18 March 2010 to 18 October 2010. 3. The appellants shall pay: (a) $1,000 per month to the respondent in respect of the outgoings due and payable under the lease on and from 18 November 2010; DECISION: (b) $500 per month into the account of L J Hooker Commercial Central Coast to be held in escrow in respect of the outgoings due and payable under the Lease on and from 18 November 2010. 4. The appellants shall abide by all the terms of the lease, up to and including the hearing and determination of this appeal. 5. The parties have liberty to apply to restore the matter on 48 hours notice. 6. The appellants shall file and serve the Orange Book by no later than Friday 5 November 2010, which shall include in a separate section all further evidence, the submissions on the appellants' motion to adduce additional evidence and the appeal, and the judgment of Handley AJA delivered on 28 June 2010. 7. The respondent's costs of the motion filed on 30 June 2010 including the costs of today to be the respondent's costs in the appeal. 8. The respondent shall file and serve a notice of motion seeking to adduce additional evidence upon the hearing of the appeal on 1 December 2010 about alleged non-compliance with the terms of the lease since 8 December 2009, together with all supporting affidavit and other evidentiary material by no later than Friday 5 November 2010.
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