Gelin v Sumner [2012] NSWADT 81

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Gelin v Sumner [2012] NSWADT 81 Hearing dates: 24 April 2012 Decision date: 02 May 2012 Jurisdiction: Retail Leases Division Before: K Rickards Judicial member Decision: 1.The application is dismissed. 2. In relation to the costs of these proceedings, section 88 of the Administrative Decisions Tribunal Act 1997 provides that each party to proceedings before the Tribunal are to bear their own costs unless the Tribunal is satisfied that it is fair to make a costs order having regard to a number of factors set out within the section. Accordingly, there will be no order as to costs of these proceedings unless either party files and serves within 14 days of the date of this decision submissions setting out why there should be an order for costs. If either party makes such submissions, then the other party is to file and serve any submissions in reply within 28 days of the date of this decision following which the issue of costs will be determined upon the basis of the documents lodged with the Tribunal, pursuant to section 76 of the Administrative Decisions Tribunal Act 1997. Catchwords: Disclaimer of lease; repudiation Legislation Cited: Retail Leases Act 1994 Corporations Act 2001 Conveyancing Act 1999 Administrative Decisions Tribunal Act 1997 Cases Cited: World Best Holdings Limited v Sarker [2010]NSWCA 24; Category: Principal judgment Parties: Ben Ami Gelin (Applicant) Ian Ross Sumner (Respondent) Louise Gay Sumner (Respondent) Representation: Counsel D Mahendra (Respondent) B Gelin (Applicant in person) Messenger & Messenger (Respondent) File Number(s): 115102