Curcio v AMP Warringah Mall Pty Ltd [2013] NSWADT 247

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Curcio v AMP Warringah Mall Pty Ltd [2013] NSWADT 247 Hearing dates: 21 October 2013 Decision date: 04 November 2013 Jurisdiction: Retail Leases Division Before: M Chesterman, Deputy President Decision: 1. These proceedings are to be transferred to the Supreme Court under section 76A of the Retail Leases Act 1994. 2. The Applicant is to pay the Respondents' costs thrown away by virtue of his having commenced these proceedings in the Tribunal but subsequently sought and obtained an order transferring them to the Supreme Court. 3. The directions set out in Order 4 relate to the following questions: (a) whether these costs should be assessed on a party-party basis or as indemnity costs; (b) whether it is appropriate for the Tribunal to determine the amount to be paid; and (c) if so, what amount is to be paid. 4. The Respondents are to file and serve their evidence (if any) and submissions relating to these questions within fourteen days of the date of this decision. The Applicant is to file and serve his evidence (if any) and submissions in reply within a further fourteen days. These questions will then be decided 'on the papers' under section 76 of the Administrative Decisions Tribunal Act 1997 unless the Tribunal considers that a further hearing is required. Catchwords: Retail lease - application for transfer of proceedings to Supreme Court - application for dismissal on grounds of want of prosecution - costs Legislation Cited: Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Cases Cited: Brashes Convenience Store Pty Ltd v Pitt & Castlereagh Pty Ltd [2013] NSWADT 118 Rucom Pty Ltd and Anor v Multiplex & Ors [2010] NSWADT 1 Category: Interlocutory applications Parties: Fabio Curcio (Applicant) AMP Warringah Mall Pty Ltd (First Respondent) Westfield Management Ltd (Second Respondent) Representation: Counsel R Newell (Applicant) G Connolly (Respondents) L C Muriniti & Associates (Applicant) Gadens Lawyers (Respondents) File Number(s): 125173