PPS Nominees Pty Limited v Summerland Entertainment Pty Ltd [115055] Summerland Entertainment Pty Ltd v PPS Nominees Pty Limited [115118] [2012] NSWADT 171

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: PPS Nominees Pty Limited v Summerland Entertainment Pty Ltd [115055] Summerland Entertainment Pty Ltd v PPS Nominees Pty Limited [115118] [2012] NSWADT 171 Hearing dates: 7 and 8 February 2012 Decision date: 17 August 2012 Jurisdiction: Retail Leases Division Before: D Bluth Judicial Member Decision: 1. The Outgoing statements and accompanying auditor's reports issued pursuant to s 28 by PPS Nominees Pty Limited to Summerland Entertainment Pty Limited on 7 February 2012 comply with the Retail Leases Act 1994. 2. The Six Monthly Advertising and Promotion Expenditure Statements issued pursuant to s 54 of the RLA by PPS Nominees Pty Limited to Summerland Entertainment Pty Limited on 7 February 2012 comply with the Retail Leases Act 1994. 3.The Marketing Plans for Advertising and Promotion pursuant to s 53 issued by PPS Nominees Pty Limited to Summerland Entertainment Pty Limited on 7 February 2012 comply with the Retail Leases Act 1994. 4.The Annual Advertising and Promotion Expenditure Statements and accompanying auditor's reports issued pursuant to s 55 by PPS Nominees Pty Limited to Summerland Entertainment Pty Limited during the term of the tenancy comply with the Retail Leases Act 1994. 5.Unless either party files and serves submissions within 14 days as to why a costs order should be made in favour of either party, there will be no order as to costs. If either party files and serves submissions within this period of 14 days, the other party shall file and serve any submissions in reply within a further 14 days of receipt of the initial submissions, the issue of costs will then be determined upon the basis of the written submissions filed and without any further hearing. Catchwords: Marketing plan for advertising and promotion, s 53 the applicable Australian Accounting Standards referred to in ss28 and 55 for Outgoings statements and Annual advertising and promotion expenditure statements and ss, 28A,, 54, and 55A of the Retail Leases Act, 1994 Legislation Cited: Retails Leases Act, 1994 Category: Principal judgment Parties: PPS Nominees Pty Limited (Applicant in 115055) and (Respondent in 115118) Summerland Entertainment Pty Limited (Applicant in 115118) and (Respondent in 115055) Representation: Counsel M Ellicott (Applicant) BD Legal (PPS Nominees Pty Limited) N Adams (Agent for Summerland Entertainment Pty Limited) File Number(s): 115118, 115055