Dover v Lewkovitz (No 2) (RLD)

[2013] NSWADTAP 35

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:

Dover v Lewkovitz (No 2) (RLD) [2013] NSWADTAP 35

Hearing dates:

On the papers

Decision date:

24 July 2013

Jurisdiction:

Appeal Panel - Internal

Before:

M Chesterman, Deputy President

Decision:

1. The application by the Respondent for a costs order is dismissed.

2. The parties are to bear their own costs of this appeal.

Catchwords:

Retail lease - costs

Legislation Cited:

Administrative Decisions Tribunal Act 1997
Retail Leases Act 1994

Cases Cited:

Adwell Holdings Pty Ltd v Ull Pty Ltd [2010] NSWADT 166
AT v Commissioner of Police [2010] NSWCA 131
Australian Securities & Investments Commission, Re Richstar Enterprises Pty Ltd (ACN 099 071 968) v Carey [2006] FCA 814
Davis v Sydney Harbour Foreshore Authority (RLD) [2010] NSWADTAP 43
Dover v Lewkovitz (RLD) [2013] NSWADTAP 22
Lewkovitz v Dover [2012] NSWADT 227
Meriton Properties Pty Ltd v DCM Leases-Five Pty Ltd (No 2) [2010] NSWADT 11
Solomon v Singh (No 3) [2006] NSWADT 120
Torchia v Swanton (RLD) [2012] NSWADTAP 5
Trendtex Trading Corporation v Credit Suisse [1982] AC 679
Valentino Franchise Pty Ltd (ACN 114 469 662) v Brookfield Multiplex WS Retail Landowner Pty Ltd (ACN 109 033 794) (No 2) (RLD) [2012] NSWADTAP 40

Category:

Costs

Parties:

Tom Dover (Appellant)
George Lewkovitz (Respondent)

Representation:

Counsel
L Doust (Respondent)
Klonis & Co (Appellant)
Norbert Lipton & Co (Respondent)

File Number(s):

129038

 Decision under appeal 

Citation:

Lewkovitz v Dover [2012] NSWADT 227

Date of Decision:

2012-11-05 00:00:00

Before:

Retail Leases Division

File Number(s):

115138, 115180

reasons for decision

Introduction

1. This decision by me, sitting alone, relates to an application by Dr George Lewkovitz for the costs of an appeal in which he was the successful Respondent. The Appellant was Mr Tom Dover.

1. Because this application was for the costs of appeal proceedings, it may be determined by a Deputy President sitting alone, pursuant to section 24A(2)(a) of the Administrative Decisions Tribunal Act 1997 ('the ADT Act').

1. The appeal was brought against a decision of the Retail Leases Division of the Tribunal (Lewkovitz v Dover [2012] NSWADT 227) delivered on 5 November 2012. The Tribunal upheld in part a claim instituted against Mr Dover, in his capacity of one of the three lessees of retail shop premises, by Dr Lewkovitz, who alleged entitlement as an assignee of the lessor. It was not disputed that the lease in question ('the Lease') was governed by the Retail Leases Act 1994 ('the RL Act').

1. The lessor was a company called Tolicar Pty Ltd ('Tolicar'). Dr Lewkovitz contended that under a Deed of Assignment ('the Deed') which he and Tolicar had executed on 20 June 2011, Tolicar had assigned to him all the debts and causes of action to which it was entitled under the Lease.

1. In his Application, filed on 11 October 2011 (matter 115138), Dr Lewkovitz claimed from Mr Dover the sum of $168,232.12 plus interest, comprising (a) outstanding rent and outgoings payable by the lessees as at the date of…