73 Union St Retail Pty Ltd v J & S Group Pty Ltd (RLD) [2013] NSWADTAP 32

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: 73 Union St Retail Pty Ltd v J & S Group Pty Ltd (RLD) [2013] NSWADTAP 32 Hearing dates: 10 April 2013 Decision date: 19 July 2013 Jurisdiction: Appeal Panel - Internal Before: M Chesterman, Deputy President Decision: 1. The appeal against Order 1 of the Tribunal made on 14 November 2012 is dismissed. 2. (a) The Respondents are to file and serve within 21 days (i) any submissions that they may wish to make in support of the Tribunal's costs order made on 14 November 2012 (Order 2) and (ii) their submissions in support of their application relating to the costs of the appeal. (b) The Appellant is to file and serve within a further 21 days (i) its submissions in support of its appeal against the Tribunal's costs order and (ii) its submissions relating to the costs of the appeal. (c) The Appellant's agent, Mr Haney Soltan, is to file and serve, within the same period, his submissions relating to the Respondents' application (if this is pressed) for an order that he pay their costs of the appeal. (d) If the Appeal Panel is of the view that any party should be permitted to file and serve further submissions in reply, it will ask the Registrar to convey appropriate directions to the parties. (e) These questions as to costs will be determined 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997. Catchwords: Jurisdiction - whether retail lease entered into Legislation Cited: Administrative Decisions Tribunal Act 1997 Administrative Decisions Tribunal Regulation 2009 Corporations Act 2001 (Cth) Real Property Act 1900 Retail Leases Act 1994 Cases Cited: 73 Union St Retail Pty Ltd v J & S Group Pty Ltd & Ors (No 2) [2012] NSWADT 278 Aspromonte Pty Limited v Zagari [1999] NSWSC 831 Antoun v R [2006] HCA 2 Bigdale Pty Ltd trading as Enigma at the Royal Motor Club v Royal Motor Club of NSW Port Hacking Branch [2010] NSWSC 1196 C E Heath Underwriting & Insurance (Aust.) Pty Ltd v Edwards Dunlop & Co Ltd (1993) 176 CLR 535 Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55 Conoid Pty Ltd & Anor v International Theme Park Pty Ltd [1999] NSWSC 1138 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Fadu Pty Ltd (ACN 007 815 090) v ACN 008 112 196 Pty Ltd as Trustee of the "International Linen Service Unit Trust" [2007] FCA 1965 Helou & Ors v Bong Bong Pty Ltd & Anor trading as Regional Retail Properties [2006] NSWADT 128 Jenkinson & Anor v Young [2004] SADC 30 Moweno v Stratis [2002] NSWSC 1151 Li v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 125 Lu v Miao [2011] NSWADT 309 O'Neill v Henry [2009] NSWADT 254 O'Neill v Henry (RLD) [2010] NSWADTAP 40 Perhauz v SAF Properties Pty Ltd [2007] NSWADT 122 Phoenix Commercial Enterprises Pty Ltd v Canada Bay Council [2010] NSWCA 64 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Randi Wixs Pty Ltd v Pokana Pty Ltd (No 2) [2003] NSWADT 4 Seguin & Anor v Anglican Church Property Trust Diocese of Sydney (No 1) [2004] NSWADT 146 Tarleton & Peters Pty Ltd v EK Nominees Pty Ltd [2010] NSWADT 248 Todorovic v Moussa [2001] NSWCA 419 Toll (FCGT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Constantinos Trembelas v Cyrus Community of New South Wales, Unreported, Supreme Court of New South Wales, Windeyer J, 2 June 1998 Whiteway House (No. 199) Pty Ltd v Abrocoona Pty Ltd [1998] NSWSC 521 Category: Principal judgment Parties: 73 Union St Retail Pty Ltd (Appellant) J & S Group Pty Ltd (First Respondent) Union City Convenience Pty Ltd (Second Respondent) Jamal Gebara (Third Respondent) Representation: Counsel M Bennett (Respondents) H Soltan (Appellant, agent) Breene & Breene Solicitors (Respondents) File Number(s): 129041 Decision under appeal Citation: 73 Union St Retail Pty Ltd v J & S Group Pty Ltd & Ors (No 2) [2012] NSWADT 278 Date of Decision: 2012-11-14 00:00:00 Before: Retail Leases Division File Number(s): 125117