Spuds Surf Chatswood Pty Ltd v P T Ltd (No.3) PT Ltd v Spuds Surf Chatswood Pty Ltd (No.2) [2011] NSWADT 186

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Spuds Surf Chatswood Pty Ltd v P T Ltd (No.3) PT Ltd v Spuds Surf Chatswood Pty Ltd (No.2) [2011] NSWADT 186 Hearing dates: On the papers Decision date: 03 August 2011 Jurisdiction: Retail Leases Division Before: PR Callaghan SC, Deputy President N Fagg, Non-Judicial Member G Griffiths, Non-Judicial Member Decision: (a) Order that Spuds Surf Chatswood Pty Ltd pay to P.T. Ltd in addition to the $327,533.55 previously ordered to be paid, interest from 23 April 2008 to 3 August 2011 of $92,811.46. (b) Vacate the costs order made on 12 April 2007 and modified on 20 June 2007. (c) Order that Spuds Surf Chatswood Pty Ltd pay to P.T. Ltd its costs of proceedings 065171 and 085081 on a party and party basis as agreed or assessed, such costs to include the costs the subject of the order vacated under the preceding paragraph. Catchwords: Costs - interest - retail lease - mediation communication - admissibility - Calderbank offer Legislation Cited: Civil Procedure Act 2005 District Court Act 1973 Retail Leases Act 1994 Uniform Civil Procedure Rules 2005 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 DB Rreef Funds Management & P.T. Ltd v Valentino Home Fashion Pty Ltd [2008] NSWADT 332 General Steel Industries Inc. v Commissioner for Railways (1964) 112 CLR 125 Penrith Rugby League Club Ltd v Elliot (No.2) [2009] NSWCA 356 Profilio v Coogee Bay Village Pty Limited (No.4) [2011] NSWADT 64 Spuds Surf Chatswood Pty Ltd v P.T. Ltd [2007] NSWADT 130 Wallis Lake Fisherman's Co-operative Pty Ltd v ACN 079830595 Pty Ltd t/as Jolly Joe's Fish 'n Chips (No.2) (RLD) [2011] NSWADTAP 29 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Costs Parties: Spuds Surf Chatswood Pty Ltd - Applicant in 065171 and Respondent in 085081