Nguyen & Anor v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen & Anor (no 2) [2016] NSWCATAP 168

Nguyen & Anor v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen & Anor (no 2) [2016] NSWCATAP 168

None of the factors relied upon by Perpetual, whether separately or in combination, established 'special circumstances' warranting an award of costs; thus, costs should not be ordered against the Nguyens for the appeals.

Jurisdiction
Australia
Judgment Date
26 July 2016
Procedural Posture
Internal Appeal / Costs Application Following Appellate Determination
Outcome
Application for costs is dismissed.
Legal Topics
['costs' 'retail Leases']
['administrative Law' 'commercial Law'] ['costs' 'retail Leases']

Case Brief

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Procedural Posture

Internal Appeal / Costs Application Following Appellate Determination

Legal Issues

  1. 1 ["Whether there are 'special circumstances' warranting an award of costs on appeal under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)"]

Ratio Decidendi

None of the factors relied upon by Perpetual, whether separately or in combination, established 'special circumstances' warranting an award of costs; thus, costs should not be ordered against the Nguyens for the appeals.

Court Disposition

Application for costs is dismissed.

Orders

  • ['The application for costs is dismissed.']