Mrs Top at Neutral Bay Pty Ltd v Tripodina & Tripodina ; Tripodina & Tripodina v Mrs Top at Neutral Bay Pty Ltd and others [2014] NSWCATCD 245

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mrs Top at Neutral Bay Pty Ltd v Tripodina & Tripodina ; Tripodina & Tripodina v Mrs Top at Neutral Bay Pty Ltd and others [2014] NSWCATCD 245 Hearing dates: 18 August 2014 Decision date: 19 December 2014 Jurisdiction: Consumer and Commercial Division Before: D Patten, Principal Member Decision: Application by Mrs Top dismissed. On application by Mr & Mrs Tripodina order that Mrs Top pay the sum of $18,821.67 to Mr & Mrs Tripodina forthwith Subject to paragraph 44 order Mrs Top to pay the costs of Mr & Mrs Tripodina as agreed upon or as assessed Liberty to apply in accordance with paragraph 44 Legislation Cited: Retail Leases Act 1994 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: Mrs Top at Neutral Bay (applicant in COM 14/00683, respondent in COM 14/00741) Sylvana Tripodina & Christoforo Tripodina (respondents in COM 14/00683, applicants in COM 14/00741) Representation: Counsel:Mr D Ziman (Mrs Top) Mr FF Salama (Mr & Mrs Tripodina) Solicitors:Ziman and Ziman, Jemmeson and Fisher File Number(s): COM 14/00683 and COM 14/00741 Publication restriction: Unrestricted

reasons for decision

INTRODUCTION 1. There are two matters before the Tribunal: 14/00683, in which Mrs Top at Neutral Bay Pty Ltd (hereafter Mrs Top) is applicant and Sylvana Tripodina and Christoforo Tripodina (Mr & Mrs Tripodina) are respondents and 14/00741, in which Mr & Mrs Tripodina are applicants and Mrs Top together with Christian Stadler and Anthony Maynard are respondents. 2. Mrs Top's application rather unhelpfully stated the claim in these terms: