2FC Pty Limited v Sokkon Pty Limited [2011] NSWADT 256

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: 2FC Pty Limited v Sokkon Pty Limited [2011] NSWADT 256 Hearing dates: 14 September 2011 Decision date: 08 November 2011 Jurisdiction: Retail Leases Division Before: K Rickards, Judicial member Decision: (1)The Respondent Sokkon Pty Limited is to pay the sum of $52,501.06 to the Applicant 2FC Pty Ltd. (2)The claims brought against the Second and Fifth Respondents are dismissed. (3)The Rental Bond Board is directed to pay the whole of the security deposit held in respect of the premises at Shop 39, Italian Forum, 23 Norton Street, Leichhardt New South Wales to the Applicant 2FC Pty Limited. Payment of such security deposit is to be treated as a credit against the order made against order 1 above. (4)Unless either party files and serves a written application for costs together with submissions in support within 14 days, there will be no order as to costs. If an application is made for costs, then the other party is to file and serve any submissions in reply within 14 days of their receipt of the application for costs, and the question of costs will then be determined upon the basis of the written material filed, in accordance with Section 76 of the Administrative Decisions Tribunal Act 1997 . Catchwords: Formation of agreement Legislation Cited: Retail Leases Act 1994, Cases Cited: Masters v Cameron [1954] 91 CLR 353; Laidlaw v Hillier Hewitt Elsley Pty Ltd [2009] NSWCA 44; Dong v West Services Pty Ltd [2010] NSWADT 150; Category: Principal judgment Parties: 2FC Pty Limited (Applicant) Sokkon Pty Ltd (1st Respondent) Thita Hospitality Pty Limited (2nd Respondent) Konstantine Bakafouras (3rd Respondent) Sokratis Peter Bakafouras (4th Respondent) Sam Bakas (also known as Themis Bakafouras (5th Respondent) Representation: N Carney (Applicant) N Cotman SC (Respondents) Georgiadis & Baker (Applicant) VA Lawyers (Respondent) File Number(s): 115060