Profilio v Coogee Bay Village Pty Ltd (No 3) [2011] NSWADT 4

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Profilio v Coogee Bay Village Pty Ltd (No 3) [2011] NSWADT 4 Hearing dates: 3, 4 and 5 November 2010, written submissions 23 December 2010 Decision date: 14 January 2011 Before: M Chesterman, Deputy President B Ward, Non-judicial Member Decision: 1. The Respondent is to pay to the Applicants damages in the sum of $86,705, exclusive of interest. 2. Any application by the Applicants for interest on this sum and/or costs to be paid by the Respondent must be filed and served, together with supporting submissions, within 21 days of the date of this decision. 3. Any submissions of the Respondent regarding interest and/or costs must be filed and served within a further 21 days. 4. If the Respondent's submissions include an application for costs to be paid by the Applicants, any submissions by the Applicants in reply to such application must be filed and served within a further 14 days. 5. Unless the Tribunal accedes to a request made by a party, with supporting reasons, for either or both of these matters to be dealt with at a hearing, they will be determined 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997. Catchwords: Retail lease - breach by lessor of 'exclusivity provisions' - assessment of damages for economic loss Legislation Cited: Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Cases Cited: Bischof & Anor v Werncog Pty Ltd [2004] NSWADT 241 Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64 Profilio v Coogee Bay Village Pty Ltd [2009] NSWADT 211 Profilio v Coogee Bay Village Pty Ltd (No 2) [2009] NSWADT 319 Category: Principal judgment Parties: Joe Profilio (First Applicant) Rozi Sajko (Second Applicant) Coogee Bay Village Pty Ltd (Respondent) Representation: T Rogers, barrister (Respondent) J Profilio, agent (Applicant) File Number(s): 085127