Papantoniou v Gregory Franks t/as Rainbow Videos [2009] NSWADT 22
The Respondent should pay the $267.50 rent arrears and the Applicant's costs because the amount involved was small, the arithmetic following Consumer Price Index increases was relatively simple, and the Respondent should have resolved the matter before the hearing rather than putting the Applicant to the expense of attending.
- Jurisdiction
- Australia
- Judgment Date
- 05 February 2009
- Procedural Posture
- Retail Leases Division Dispute / Decision After Hearing
- Outcome
- Application allowed; Respondent ordered to pay rent arrears and costs.
- Legal Topics
- ['rent Arrears' 'rent Increases' 'consumer Price Index Increases' 'costs Special Circumstances']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Retail Leases Division Dispute / Decision After Hearing
Legal Issues
- 1 ['Whether the Respondent should pay rent arrears arising from rent increases authorised by s21A.' "Whether the Respondent should pay the Applicant's costs of the hearing."]
Ratio Decidendi
The Respondent should pay the $267.50 rent arrears and the Applicant's costs because the amount involved was small, the arithmetic following Consumer Price Index increases was relatively simple, and the Respondent should have resolved the matter before the hearing rather than putting the Applicant to the expense of attending.
Court Disposition
Application allowed; Respondent ordered to pay rent arrears and costs.
Orders
- ['Respondent pay rent arrears of $267.50 within 7 days' "The Respondent to pay the Applicant's costs of today in the sum of $250.00 within 14 days."]
Full Case Text
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