Fares & ors v Bleakley & anor [2006] NSWADT 53

Fares & ors v Bleakley & anor [2006] NSWADT 53

The respondents failed to establish 'special circumstances' as required by s 88(1) of the Administrative Decisions Tribunal Act 1997 to justify an award of costs. The nature and conduct of the proceedings, complexity, and unaccepted settlement offers did not amount to special circumstances.

Jurisdiction
Australia
Judgment Date
21 February 2006
Procedural Posture
Costs Application / Post Decision (costs) Hearing
Outcome
Respondents' application for costs dismissed; no order as to costs.
Legal Topics
['costs' 'retail Leases' 'tribunal Procedure']
['administrative Law' 'commercial Law'] ['costs' 'retail Leases' 'tribunal Procedure']

Case Brief

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Procedural Posture

Costs Application / Post Decision (costs) Hearing

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant an award of costs under s 88(1) Administrative Decisions Tribunal Act 1997' 'Whether the nature and conduct of proceedings or settlement offers amount to special circumstances']

Ratio Decidendi

The respondents failed to establish 'special circumstances' as required by s 88(1) of the Administrative Decisions Tribunal Act 1997 to justify an award of costs. The nature and conduct of the proceedings, complexity, and unaccepted settlement offers did not amount to special circumstances.

Court Disposition

Respondents' application for costs dismissed; no order as to costs.

Orders

  • ['The application for costs by the Respondents is dismissed.' 'No order as to costs.']