Batson Holdings Pty Limited v Rose

CITATION:	Batson Holdings Pty Limited v Rose [2005] NSWADT 131
DIVISION:	Retail Leases Division
PARTIES:	APPLICANT Batson Holdings Pty Limited RESPONDENT John Emmanuel Rose
FILE NUMBER:	035134 and 055009
HEARING DATES:	25/05/2005, 1/06/2005
SUBMISSIONS CLOSED:	06/01/2005
DATE OF DECISION:	06/14/2005
BEFORE:	Molloy GB - Judicial Member
APPLICATION:	Stay of proceedings
MATTER FOR DECISION:	Preliminary matter
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997
CASES CITED:	Vodafone Pty Limited v. Supercall Pty Limited [2003] NSWSC 302 Cohen v. McWilliam [1995] NSWLR 476 National Australia Bank Limited v. Roberts [2002] NSWSC 1048 Law Society of NSW v. Boland [2001] NSWADT 35
REPRESENTATION:	APPLICANT D Phair, Solicitor RESPONDENT V D'Arcy, Solicitor
ORDERS:	1. The hearing in matters No 035134 and 055009 be stayed until 4-00pm Friday 9 September 2005; 2. The further continuation of this stay is listed for re-consideration before me at 10-00 am on Friday 9 September 2005; 3. The Respondent pay the costs of the Applicant of the stay application from 10 May 2005, such costs to be paid on an indemnity basis in relation to the hearing 1 June 2005; 4. The Respondent pay the costs of the Applicant thrown away by the vacation of the date fixed for hearing of the primary application 1 June 2005

General Nature of the Application

1 By formal Application, filed in matter No. 035020 (sic), the Respondent John Rose moved the Tribunal that the hearing of that particular matter, listed on 1 June 2005, be vacated on the basis that “until the Respondent is in a financial position to fund this case then these proceedings should be stayed until that time”. The Application also sought an order that “the question of costs be reserved until after the hearing of the substantive matter in this case”.

2 This formal Application was filed at my request, there having been previous directions hearings in which submissions had been made from the bar table which were unsupported by any formal application and also unsupported by any sworn evidence. I indicated that I would not hear that type of application from the bar table unless it was properly supported and formalised.

3 I heard the parties in some detail on 25 May 2005 and at that point of time I vacated the hearing date 1 June 2005 and stood the stay application over part heard to 1 June 2005.

4 This decision relates to that stay application. Suffice it to say that the application was strenuously and robustly opposed by counsel for the Respondent. In order to address the various submissions made it is necessary to go back in time by way of review of what has happened in the various matters involving the Applicant and the Respondent.

Background

5 By Application filed 11 March 2002 and allocated file No. 025027 Batson Holdings Pty Limited (Batson) sought various declarations and orders relating to the method of calculation of rent of premises located on the ground floor at 724 Darling Street Rozelle of which John Emmanuel Rose (Rose) was…