Adamson v Ede

[2009] NSWCA 403

NSW Court of Appeal

Built by Barristers,
For Australian Law.

1. Administrative Law
2. › procedural fairness
3. › hearing rule
4. › cross-summons filed prior to hearing
5. › whether reasonable opportunity to contest cross-summons
6. › inconsistent pleadings
7. › concession of existence of lease by claim that it should be set aside
8. › denial of existence of lease
9. › whether prejudice suffered by the appellant
1. Costs
2. › general rule
3. › cross-summons partly successful
4. › costs awarded against cross-defendant
5. › serious allegation of improper conduct
6. › relief in cross-summons awarded without examination of allegation
7. › no finding of misconduct in making allegation
8. › whether grounds for interfering with exercise of discretion
1. Landlord & Tenant
2. › leases and tenancy agreements
3. › special conditions of lease
4. › conditions highly favourable to tenant
5. › tenant to become beneficial owner of two-thirds interest in leased property
6. › tenant entitled to rental rebates for various services
7. › whether conditions unjust in the circumstances
8. › [<i>Contracts Review Act 1980</i>] (NSW), s 7(1)
1. Procedure
2. › application to re-open hearing
3. › application for equitable set-off and defence
4. › not field or served prior to day of judgment
5. › whether application ought to have been entertained