A & J Verdi Pty Ltd v Uckan (RLD) (No 2) [2011] NSWADTAP 6

A & J Verdi Pty Ltd v Uckan (RLD) (No 2) [2011] NSWADTAP 6

The application for costs is dismissed because neither contractual entitlement nor grounds for fairness under section 88(1A) of the ADT Act were established; mere failure of the appeal and the existence of the lease clause are insufficient under the current statutory scheme.

Parties
First Appellant: A & J Verdi Pty Ltd; Second Appellant: Alexander Verdi; Third Appellant: Julianne Verdi; First Respondent: Metin Uckan; Second Respondent: Cetin Uckan
Jurisdiction
Australia
Judgment Date
03 March 2011
Procedural Posture
Appeal / Costs Determination Following Appeal Decision
Outcome
The respondents' application for their costs of this appeal is dismissed.
Legal Topics
Application of Statutory Costs Regime, Contractual Entitlement to Costs Under Lease, Fairness Criterion Under ADT Act, Appeal Proceedings Costs
Costs Retail Leases Application of Statutory Costs Regime Contractual Entitlement to Costs Under Lease Fairness Criterion Under ADT Act Appeal Proceedings Costs

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 4 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

A & J Verdi Pty Ltd

First Appellant

Alexander Verdi

Second Appellant

Julianne Verdi

Third Appellant

Metin Uckan

First Respondent

Cetin Uckan

Second Respondent

Procedural Posture

Appeal / Costs Determination Following Appeal Decision

Legal Issues

  1. 1 Whether respondents are entitled to costs of the appeal under section 88 of the Administrative Decisions Tribunal Act 1997
  2. 2 Whether clause 3.02 of the lease provides a contractual entitlement to costs contrary to statutory scheme
  3. 3 Application of 'fairness' criterion under section 88(1A) of the ADT Act

Ratio Decidendi

The application for costs is dismissed because neither contractual entitlement nor grounds for fairness under section 88(1A) of the ADT Act were established; mere failure of the appeal and the existence of the lease clause are insufficient under the current statutory scheme.

Court Disposition

The respondents' application for their costs of this appeal is dismissed.

Orders

  • No order for costs in relation to this appeal