Coogee Bay Village Pty Ltd v Profilio (RLD) [2011] NSWADTAP 39

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Coogee Bay Village Pty Ltd v Profilio (RLD) [2011] NSWADTAP 39 Hearing dates: 29 June 2011 Decision date: 07 September 2011 Jurisdiction: Appeal Panel - Internal Before: D Patten, Deputy President P Molony, Judicial Member M Lonie, Non-judicial Member Decision: 1. Appeal allowed. 2. Orders made by Tribunal set aside. 3. In lieu, order that the application be dismissed. 4. Subject to 5, no order as to costs. 5. Leave to the appellant to apply for an order for costs within 21 days accompanied by written submissions. Respondents to reply within 21 days, thereafter matter of costs to be decided on the papers. Catchwords: Whether lease breached - No breach established Cases Cited: B & B Constructions v Cheeseman (1994) 35 NSWLR 227 Codelfa Construction Pty Ltd v State Rail Authority of NSW [1981-1982] 149 CLR 337 Category: Principal judgment Parties: Coogee Bay Village Pty Ltd (Appellant) Joe Profilio (First Respondent) Rozi Sajko (Second Respondent) Representation: A G Rogers (Appellant) Klonis & Co. Lawyers (Appellant) Mr J Profilio (First Respondent in person and agent for Second Respondent) File Number(s): 119006 Decision under appeal Citation: Profilio v Coogee Bay Village Pty Ltd [2009] NSWADT 211 Date of Decision: 2009-08-10 00:00:00 Before: Retail Leases Division File Number(s): 085127