Burrus v Chias Pty Ltd [2004] RSLT 19

[2004] RSLT 19 THE RETAIL SHOP LEASES ACT -- O R D E R S -- Given in Brisbane on 13 August, 2004. In the matter of Dispute No 48/04 DAVID BURRUS AND CHRISTINE BURRUS - Claimants - and – CHIAS PTY LIMITED - Respondent THE CHAIRMAN: The order I make is: 1. That, by consent, Issue 1 raised in the Notice of Dispute is dismissed. 2. The Claimant shall file 4 copies in the Registry and deliver 1 copy to the Respondent of all material on which it relies by Friday 27 August, 2004. The material delivered shall: (a) contain statements of all witnesses on whom the claimant relies; (b) set out the exact terms of the order which the Tribunal is asked to make; (c) if monetary compensation is sought, the material shall set out the amount sought, the basis on which it is claimed and details as to how the amount claimed is calculated. It will usually contain profit and loss statements and records. (Failure to set out the particulars referred to above may result in the claim being dismissed.) 3. Respondent shall file 4 copies in the Registry and deliver 1 copy to the Claimant of all material on which it relies by Friday 17 September, 2004. 4. The Claimant to reply to any new material raised by the Respondent within seven days . 5. Neither party is to lead any evidence at the hearing which is not contained in the statements or other material filed, except by leave of the Tribunal. 6. The parties are to exchange lists of documents in their possession or under their control relevant to this matter by Friday 1 October, 2004. 7. Thereafter such documents are to be available for inspection or photocopying by the other party on two business days notice. 8. If either party wishes to cross-examine any witness relied upon by the other party, that party is to notify the other party no later than seven days before the date appointed for the hearing. 9. That this matter be set down for hearing on Thursday 21 October, 2004, commencing at 10.00 a.m., at the Tribunal’s Hearing Room, Level 10, 259 Queen Street, Brisbane. A Forbes, Chairman. -- 1 of 1 --