Egan v de Goede

[2003] NSWADT 18

CITATION:	Egan v de Goede [2003] NSWADT 18
DIVISION:	Retail Leases Division
PARTIES:	APPLICANT Timothy Egan RESPONDENT Gerhard (Peter) de Goede and Suzanne de Goede
FILE NUMBER:	025065
HEARING DATES:	02/09/2002
SUBMISSIONS CLOSED:	09/02/2002
DATE OF DECISION:	01/29/2003
BEFORE:	Montgomery S - Judicial Member
APPLICATION:	Claim for payment of money
MATTER FOR DECISION:	Principal
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Legal Profession Act 1987
CASES CITED:	Worsfold -v- de Goede [2002] NSWADT 273 Aspromonte Pty. Limited v Zagari (1999) NSWSC 831 Shevill v The Builders Licensing Board (1982) 149 CLR 620 at 626 Alessa Pty Limited -v- Total & Universal Pty Limited [2001] NSWADT 150 Townsend v SRA [1999] NSWADT 104 Citadin Pty Ltd v Eddie Azzi Australia Pty Ltd & anor (No 2)[2001] NSWADTAP31 Holpitt Pty Ltd v Varimu Pty Ltd (1991) 103 ALR 684 Hoblos v Marchese [1999] NSW ADT 127 Fonua v BHP Co. Ltd [1999] NSW ADT 59 Langley v UNSW (1984) EOC 92-018 at 75 468 Henry v Henry 135 ALR 564 at 576 Citadin Pty Ltd v. Eddie Azzi Australia Pty Ltd & Anor [2001] NSWADT 31
REPRESENTATION:	APPLICANT T Egan, in person RESPONDENT P de Goede, in person and agent
ORDERS:	Mr Gerhard de Goede and Ms Suzanne de Goede are to pay to Mr Timothy Egan the amount of $10,878.98. This amount is to be paid within 21 days of these orders.

1 These proceedings relate the Cooks Gap General Store situated at Lot 90, Spring Creek Road, Cooks Gap 2850 (“the Premises”). The Premises are owned by Mr Peter de Goede and Ms Suzanne de Goede (“the Respondents”). Mr Timothy Egan leased the Premises and an associated residence from the Respondents. On 28 May 2002 Mr Egan lodged an application with the Tribunal in relation to a dispute between himself and the Respondents regarding the Premises. The application is brought under the Retail Leases Act 1994 (“the Act”). The matter came before the Tribunal on 6 June 2002 for an urgent application by Mr Egan to gain access to the premises.

2 That application was granted and the matter was referred for mediation. The parties attended mediation on 20 June 2002 but it failed to resolve the dispute. The matter subsequently returned to the Tribunal for hearing on 2 September 2002.

Details of the claim

3 Mr Egan sought an order that the Respondents pay him an amount $61,631 which he asserted were losses and cost incurred as a result of his lease agreement with the Respondents. He quantified the claim in the following terms:

Registration of business name $122.00
Public liability insurance (N. R. M. A.) $187.00
Reconnection of electricity $34.00
Accountancy fees $120.00
Legal fees $420.00
Application for an interim order $50.00
Travel expenses to Sydney Tribunal 6 June $105.00
Mediation fees at Maitland $448.00
Travel expenses to Maitland $80.00
Attendance at Tribunal 4 July $105.00
Loss of deposit on a cash register $75.00
Delivery of equipment to shop ex Sydney $150.00
Advertising $40.00