North East Developments Pty Ltd v Business To All Australia Pty Ltd [2012] NSWADT 188

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: North East Developments Pty Ltd v Business To All Australia Pty Ltd [2012] NSWADT 188 Hearing dates: 28 and 29 February, 12 and 13 July 2012 Decision date: 17 September 2012 Before: D Patten, Deputy President (M Lonie and B Harrison in advisory capacity) Decision: 1. Upon application 115098 I order the Respondent to pay to the Applicant $98,160. 2. Application 115175 is dismissed. 3. Subject to paragraph 68 - no order as to costs. 4. Each party liberty to apply within 21 days. Catchwords: Repudiation of lease - evidence insufficient to support claim for false or misleading representation - damages Legislation Cited: Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Cases Cited: Amev - UDC Finance Ltd v Austin (1986) 162 CLR 170 Mirvac Funds Ltd v Frost [2010] NSWADT 41 O'Dea v Allstate Leasing Systems (WA) Pty Ltd [1982-1983] 152 CLR 359 Samaha v Corbett Court Pty Ltd [2006] NSWSC 1441 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: North East Developments Pty Ltd (Applicant) Business To All Australia Pty Ltd (Respondent) Representation: Mr R de Robillard (Applicant) Mr J Jobson (Respondent) Herbert Geer (Applicant) Andresakis & Associates (Respondent) File Number(s): 115098, 115175 Publication restriction: Nil