Bardot v Horowitz [2013] NSWADT 283

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Bardot v Horowitz [2013] NSWADT 283 Hearing dates: Decision on the papers Decision date: 09 December 2013 Jurisdiction: Retail Leases Division Before: Hon G Mullane, Judicial Member Decision: 1) The Application of Bessie Mahalia Bardot filed 27 August 2013 is dismissed 2) The Applicant must pay the Respondent's costs of and incidental to opposing the application, such costs to be as agreed or as assessed. Catchwords: Unconscionable conduct claims - out of time, cross claim not made in previous proceedings by lessor- abuse of process lessee Legislation Cited: Retail Leases Act, 1994 Cases Cited: Johnson v Gore Wood and Co. [2002] 2 AC; Barrow v Bankside Agency Ltd [1996] 1 SLR 257; Henderson v Henderson (1843) 67 ER at 319; Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589. Category: Principal judgment Parties: Bessie Mahalia Bardot (Applicant ) Alexander Horowitz (Respondent) Representation: B Bardot (Applicant in person) Horowitz & Bilinsky Lawyers (Respondent) File Number(s): 135112

reasons for decision

INTRODUCTION 1The Application raises three claims, all of which are described as unconscionable conduct claims. 2The Respondent landlord seeks to have the Application dismissed with costs. He raises three Grounds, which are: 1) The Application has been lodged out of time; 2) The Applicant failed to raise these claims in previous proceedings between the same parties regarding the Landlord's claims for rental arrears and other claims under the lease;and 3) The claims subject to these proceedings properly belong to the Tenant; not the Applicant.