PPS Nominees Pty Limited v Summerland Entertainment Pty Ltd [115055] Summerland Entertainment Pty Ltd v PPS Nominees Pty Limited [115118] [2012] NSWADT 171

PPS Nominees Pty Limited v Summerland Entertainment Pty Ltd [115055] Summerland Entertainment Pty Ltd v PPS Nominees Pty Limited [115118] [2012] NSWADT 171

The Tribunal accepted the expert evidence that the Ballina Fair promotions fund statements were appropriately prepared as special purpose financial reports and the outgoings statements as statements on other financial information, and that the accounting standards asserted by Summerland were not relevant. The PricewaterhouseCoopers reports satisfied the statutory requirement for auditor's reports because they reported on the statements, not on the underlying expenditure. Although the Budget Income and Expenditure Statements were not informative in the ordinary sense of a marketing plan, they strictly complied with s 53(a) by giving details of proposed advertising and promotion...

Jurisdiction
Australia
Judgment Date
17 August 2012
Procedural Posture
Combined Applications for Original Decision in the Retail Leases Division Concerning Compliance With the Retail Leases Act 1994 and Recovery of Rent, Outgoings and GST / Principal Judgment After Hearing
Outcome
PPS succeeded on the compliance issues; the Tribunal declared the relevant statements, plans and auditor's reports complied with the Retail Leases Act 1994, with costs reserved subject to written submissions.
Legal Topics
['outgoings Statements' 'advertising and Promotion Expenditure Statements' 'marketing Plans' 'australian Accounting Standards' "auditor's Reports" 'withholding Contributions Under the Retail Leases Act 1994']
['retail Leases' 'administrative Law' 'property Law'] ['outgoings Statements' 'advertising and Promotion Expenditure Statements' 'marketing Plans' 'australian Accounting Standards' "auditor's Reports" 'withholding Contributions Under the Retail Leases Act 1994']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Combined Applications for Original Decision in the Retail Leases Division Concerning Compliance With the Retail Leases Act 1994 and Recovery of Rent, Outgoings and GST / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the outgoings statements issued under s 28 complied with the Retail Leases Act 1994 and applicable Australian Accounting Standards.' "Whether the annual advertising and promotion expenditure statements and auditor's reports issued under s 55 complied with the Retail Leases Act 1994." 'Whether the six monthly advertising and promotion expenditure statements issued under s 54 complied with the Retail Leases Act 1994.' 'Whether the Budget Income and Expenditure Statements were sufficient marketing plans for advertising and promotion under s 53(a).' 'Whether Summerland was entitled to withhold outgoings or promotion contributions under ss 28A or 55A.']

Ratio Decidendi

The Tribunal accepted the expert evidence that the Ballina Fair promotions fund statements were appropriately prepared as special purpose financial reports and the outgoings statements as statements on other financial information, and that the accounting standards asserted by Summerland were not relevant. The PricewaterhouseCoopers reports satisfied the statutory requirement for auditor's reports because they reported on the statements, not on the underlying expenditure. Although the Budget Income and Expenditure Statements were not informative in the ordinary sense of a marketing plan, they strictly complied with s 53(a) by giving details of proposed advertising and promotion...

Court Disposition

PPS succeeded on the compliance issues; the Tribunal declared the relevant statements, plans and auditor's reports complied with the Retail Leases Act 1994, with costs reserved subject to written submissions.

Orders

  • ['The Outgoing statements and accompanying audit reports issued pursuant to s 28 by PPS Nominees Pty Limited to Summerland Entertainment Pty Limited on 7 February 2012 comply with the Retail Leases Act 1994.' 'The Six Monthly Advertising and Promotion Expenditure Statement issued pursuant to s54 by PPS Nominees Pty...