Spuds Surf Chatswood Pty Ltd v PT Ltd (No 3) (RLD) [2013] NSWADTAP 11

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Spuds Surf Chatswood Pty Ltd v PT Ltd (No 3) (RLD) [2013] NSWADTAP 11 Hearing dates: On the papers Decision date: 01 March 2013 Jurisdiction: Appeal Panel - Internal Before: M Chesterman, Deputy President P Molony, Judicial Member J Schwager, Non-judicial Member Decision: 1. In Order 1 of the Appeal Panel's decision dated 3 October 2012, the liability of the Respondent to pay the sum of $97,535.72 to the Appellant is to take effect by way of set-off against the liability of the Appellant to the Respondent stated in Order 2 of the Tribunal's decision of 22 June 2011 and Order (a) of its decision of 3 August 2011, thereby reducing the liability of the Appellant to the Respondent to the net amount of $322,909.29. 2. Order 1 of the Appeal Panel's decision dated 3 October 2012 is to be taken as allowing the appeal by the Appellant against the Tribunal's decision in proceedings 065171 and allowing in part its appeal against the Tribunal's decision in proceedings 085081. 3. (a) The appeal against the Tribunal's orders relating to costs (Orders (b) and (c) of its decision of 3 August 2011) is allowed in part. (b) The Appellant is to pay the Respondent's costs thrown away by virtue of the vacation of the hearing set down to commence on 12 April 2007. (c) Subject to paragraph (b) of this Order, the parties are to bear their own costs of the proceedings in the Retail Leases Division. 4. The parties are to bear their own costs of the proceedings before the Appeal Panel. Catchwords: Retail lease - first instance and appeal proceedings - costs Legislation Cited: Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Cases Cited: Andjoy Pty Ltd v Shand [2005] NSWADT 192 AT v Commissioner of Police [2010] NSWCA 131 Jonamill Pty Ltd v Alramon Pty Ltd (No 2) (RLD) [2010] NSWADTAP 3 Spuds Surf Chatswood Pty Ltd v PT Ltd [2007] NSWADT 130 Spuds Surf Chatswood Pty Ltd v PT Ltd (No 2), PT Ltd v Spuds Surf Chatswood Pty Ltd [2011] NSWADT 152 Spuds Surf Chatswood Pty Ltd v PT Ltd (No 3), PT Ltd v Spuds Surf Chatswood Pty Ltd (No 2) [2011] NSWADT 186 Spuds Surf Chatswood Pty Ltd v PT Ltd (RLD) [2012] NSWADTAP 2 Spuds Surf Chatswood Pty Ltd v PT Ltd (No 2) (RLD) [2012] NSWADTAP 35 Category: Costs Parties: Spuds Surf Chatswood Pty Ltd (Appellant) PT Ltd (Respondent) Registrar of Retail Tenancy Disputes (Intervener - file 119042) Representation: A Fernon (Appellant) R Angyal SC (Respondent) M Walker (Intervener) Herro Solicitors (Appellant) Colin Biggers & Paisley (Respondent) File Number(s): 119034, 119042 Decision under appeal Citation: Spuds Surf Chatswood Pty Ltd v PT Ltd (No 2), PT Ltd v Spuds Surf Chatswood Pty Ltd [2011] NSWADT 152 Spuds Surf Chatswood Pty Ltd v PT Ltd (No 3), PT Ltd v Spuds Surf Chatswood Pty Ltd (No 2) [2011] NSWADT 186 Before: Retail Leases Division File Number(s): 065171, 085081