Australian Executor Trustees Ltd v Steak Plains Olive Farm Pty Ltd [2014] NSWCATCD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Australian Executor Trustees Ltd v Steak Plains Olive Farm Pty Ltd [2014] NSWCATCD 143 Hearing dates: 18 June 2014 Decision date: 13 August 2014 Before: M Harrowell, Principal Member Decision: The Tribunal orders that: 1. The application to transfer these proceedings to the Supreme Court of New South Wales is dismissed. 2. The respondent pay the applicants costs of the application to transfer on an ordinary basis, such costs to be as agreed or assessed. 3. The proceedings be listed for directions for the purpose of fixing the proceedings for final hearing. Catchwords: Relief against forfeiture, transfer of proceedings, equitable relief Legislation Cited: Agricultural Tenancies Act 1990, Retail Leases Act 1994, Residential Tenancies Act 2010, Civil and Administrative Tribunal Act 2013, Law Reform (Law and Equity) Act 1972 Cases Cited: Draybi Bros v Diab and Ors [2014] NSWCATCD 67 Bushby v Dixon Holmes du Pont Pty Ltd (2010) 78 NSWLR 111 Trust Company of Australia v Skiwing (2006) 66 NSWLR 77 State Rail Authority v Consumer Claims Tribunal and Ors (1988) 14 NSWLR 474 Mineaplenty Pty Ltd v Trek 31 Pty Ltd [2006] NSWSC 1203 Wynsix Hotels (Oxford St) Pty Ltd v Toomey [2004] NSWSC 236 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514. Texts Cited: Meagher Gummow and Lehane's Equity- Doctrines and Remedies [2002] 4th Edition Category: Principal judgment Parties: Australian Executor Trustees Ltd (applicant) Steak Plains Olive Farm Pty Ltd (respondent) Representation: IG Archibald E Holmes Sparke Helmore Gadens File Number(s): COM 14/9217 Publication restriction: Unrestricted