Turan Hasan and Inver Kapuraya v Pirasta Pty Ltd [2014] NSWCATCD 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turan Hasan and Inver Kapuraya v Pirasta Pty Ltd [2014] NSWCATCD 201 Hearing dates: 25 September 2014 Date of orders: 14 October 2014 Decision date: 14 October 2014 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. The lessees' application is dismissed. 2. Either party is at liberty to make a costs application in these proceedings. 3. Any costs application pursuant to section 60 of the Civil and Administrative Tribunal Act 2013 or rule 38 of the Civil and Administrative Tribunal Rules 2014 must be lodged in the Tribunal and served on the costs respondent within 21 days of the date of this order either attaching or referring to the documents relied upon in support of the application. 4. The costs respondent will have 21 days after the date of receipt of the costs application referred to above, to lodge in the Tribunal and serve on the costs applicant the submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 5. The cost applicant will have 14 days after the date of receipt of the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent the submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon. 6. The Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: Unilateral offers, accord executory Legislation Cited: Retail Leases Act 1994 Cases Cited: Daulia Ltd v Four Milbank Nominees Ltd & Anor [1978] 1 Ch 231, Phillip Segal & Anor v Max Christopher Donnelly & Ors [2012] NSWSC 833, Pinnels' Case (1602) 5 Co Rep 117a Todd v Jingalong Pty Ltd [2014] NSWSC 362 at 26 Category: Principal judgment Parties: Turan Hasan and Inver Kapuraya (applicants) Pirasta Pty Ltd (respondent) Representation: Counsel: Mr A Cornish for the respondent Solicitors: Turks Legal for the respondent File Number(s): COM 14/15733