Lovecek v JV Idola Pty Ltd and ors [2011] NSWADT 18

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Lovecek v JV Idola Pty Ltd and ors [2011] NSWADT 18 Hearing dates: 8 & 9 February, 9 April 2010 Decision date: 28 January 2011 Jurisdiction: Retail Leases Division Before: K Rickards, Judicial member Decision: JV Idola Pty Ltd, Judith Medway, and Valerie Persson are each jointly and severally liable to pay the sum of $4,204.94 to Patricia Lovecek for rent arrears, and to pay the sum of $1,002.62 to Patricia Lovecek for interest. The Rental Bond Board is directed to pay the whole of the bond held in respect of the premises to Patricia Lovecek. The whole of the amount paid is to be credited against Order 1 above. The claim made by JV Idola Pty Ltd in proceedings 085144 is dismissed. 4. JV Idola Pty Ltd and Judith Medway are jointly and severally liable to pay the costs of Patricia Lovecek in proceedings 085111 and 085144 upon a party/party basis, as are agreed or assessed. Catchwords: Compensation for loss; jurisdiction; costs Legislation Cited: Retail Leases Act 1994 Administrative Decisions Tribunal Act 1997 Cases Cited: Brown v Rezitis (1970) HCA 56; Nassif & ors v Caminer [2009] NSWCA 45; Lyons Road Pty Ltd v The Owners Strata Plan 38722 [2008] NSW ADTAP 28; Pascoe v Holyoake (2006) NSWSC 64; Perrin v Hungay Pty Ltd [2005] NSWADT 257; Duarte & ors v Mitchell & ors [2007]NSWADT 276 Category: Principal judgment Parties: Patricia Lovecek (applicant in 085111) JV Idola Pty Ltd (1st respondent in 08511) Judith Medway (2nd respondent in 085111) Valerie Persson (3rd respondent in 085111) Representation: I Dalzell (for Lovecek) Judith Medway (as agent for J V Idola Pty Ltd) Valerie Persson (appears in person) File Number(s): 085111, 085144