Sarker v World Best Holdings Limited (No.5) [2008] NSWADT 179

Sarker v World Best Holdings Limited (No.5) [2008] NSWADT 179

World Best Holdings Limited's conduct—comprising groundless and knowingly false factual allegations, attempts to deceive the Tribunal, use of interlocutory applications for ulterior purposes, and unreasonable prolongation of proceedings—constituted 'special circumstances' within the meaning of s 88(1) of the ADT Act warranting an award of party/party costs to Mr Sarker for both sets of proceedings, except for the hearing on 19 and 20 January 2004 (which related to a separate legal issue on which Mr Sarker was unsuccessful). Interest on damages is awarded pursuant to s 72A of the RL Act, calculated on the District Court judgment rate, from 8 December 2003 to 12 March 2008.

Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Retail Lease Dispute With Cross Claims (unconscionable Conduct, Damages, Repudiation of Lease) / Costs Determination Following Principal Substantive Determination
Outcome
Costs awarded to the Applicant/Cross Respondent (Sarker) on a party/party basis except for costs of and incidental to the hearing on 19-20 January 2004; interest on damages awarded.
Legal Topics
['costs' 'unconscionable Conduct' 'repudiation of Lease' 'interest on Damages']
['retail Leases' 'administrative Law' 'contract Law'] ['costs' 'unconscionable Conduct' 'repudiation of Lease' 'interest on Damages']

Case Brief

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Procedural Posture

Retail Lease Dispute With Cross Claims (unconscionable Conduct, Damages, Repudiation of Lease) / Costs Determination Following Principal Substantive Determination

Legal Issues

  1. 1 ['Whether interest should be awarded on damages to Mr Sarker and at what amount' 'Whether special circumstances exist warranting an award of costs and, if so, scope and assessment of such costs']

Ratio Decidendi

World Best Holdings Limited's conduct—comprising groundless and knowingly false factual allegations, attempts to deceive the Tribunal, use of interlocutory applications for ulterior purposes, and unreasonable prolongation of proceedings—constituted 'special circumstances' within the meaning of s 88(1) of the ADT Act warranting an award of party/party costs to Mr Sarker for both sets of proceedings, except for the hearing on 19 and 20 January 2004 (which related to a separate legal issue on which Mr Sarker was unsuccessful). Interest on damages is awarded pursuant to s 72A of the RL Act, calculated on the District Court judgment rate, from 8 December 2003 to 12 March 2008.

Court Disposition

Costs awarded to the Applicant/Cross Respondent (Sarker) on a party/party basis except for costs of and incidental to the hearing on 19-20 January 2004; interest on damages awarded.

Orders

  • ['World Best Holdings Limited to pay Abdul Sarker interest on damages in the amount of $28,592.70.' 'Except for the costs of and incidental to the hearing conducted on 19 and 20 January 2004, World Best Holdings Limited to pay on a party/party basis the costs of and incidental to both the initial proceedings (files...