Goldberg Enterprises Pty Ltd v Online IT Services Pty Ltd (RLD) [2011] NSWADTAP 21

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Goldberg Enterprises Pty Ltd v Online IT Services Pty Ltd (RLD) [2011] NSWADTAP 21 Hearing dates: 8 March 2011 Decision date: 04 May 2011 Jurisdiction: Appeal Panel - Internal Before: M Chesterman, Deputy President D Bluth, Judicial Member T Tyler, Non-judicial Member Decision: 1. The appeal is allowed in part. 2. (a) The Tribunal's decision to make the awards of damages outlined in paragraphs [70] to [74] of its reasons is set aside. (b) This part of the case is remitted to be heard and decided again by the Tribunal as similarly constituted. 3. No order as to the costs of the appeal. 4. The remitted part of the case is set down for directions on 12 May 2011 at 11.00 a.m. Catchwords: Retail lease - distinction between error of law and error of fact - unconscionable conduct - adequacy of evidence of damage Legislation Cited: Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Cases Cited: ACCC v C G Berbatis Holdings Pty Ltd (2003) 214 CLR 51 Attorney General of New South Wales v World Best Holdings Ltd (2005) 63 NSWLR 557 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 D & D Ventures Pty Ltd v Evans & Anor [2004] NSWADT 130 Hinton v Commissioner for Fair Trading, Office of Fair Trading [2007] NSWADTAP 17 Mallik v McGeown [2008] NSWCA 230 Online IT Services v Goldberg Enterprises Pty Ltd [2010] NSWADT 213 Symonds v Vass [2009] NSWCA 139 Texts Cited: Nil Category: Principal judgment Parties: Goldberg Enterprises Pty Ltd (Appellant) Online IT Services Pty Ltd (Respondent) Representation: W Washington (Appellant) Shana Radna & Co (Appellant) W Ephron (Respondent - agent) File Number(s): 109052 Publication restriction: Nil Decision under appeal Citation: [2010] NSWADT 213 Date of Decision: 2010-08-26 00:00:00 Before: Retail Leases Division File Number(s): 085135