Duncan v Aljayar Pty Ltd (Costs) [2011] NSWADT 156

Duncan v Aljayar Pty Ltd (Costs) [2011] NSWADT 156

It was fair to order Mr and Mrs Duncan to pay Aljayar Pty Ltd's costs in both proceedings because they failed to appear at the hearing without adequate explanation, Mr Duncan had participated in fixing a hearing date suitable to him, the Duncans' own proceeding was dismissed, and in Aljayar Pty Ltd's proceeding there was no defence to the rent and damages claim pursued at the hearing.

Jurisdiction
Australia
Judgment Date
27 June 2011
Procedural Posture
Retail Leases Division Costs Application / Costs Decision on the Papers After Hearing
Outcome
Costs ordered in favour of Aljayar Pty Ltd against Mr and Mrs Duncan in proceedings 105061 and 105085.
Legal Topics
['costs in Tribunal Proceedings' 'non Appearance at Hearing' 'retail Lease Rent and Damages Claim']
['administrative Law' 'retail Leases' 'costs'] ['costs in Tribunal Proceedings' 'non Appearance at Hearing' 'retail Lease Rent and Damages Claim']

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Procedural Posture

Retail Leases Division Costs Application / Costs Decision on the Papers After Hearing

Legal Issues

  1. 1 ["Whether it was fair to order Mr and Mrs Duncan to pay Aljayar Pty Ltd's costs in proceedings 105061 and 105085." 'Whether the non-appearance of Mr and Mrs Duncan and the circumstances of the Retail Leases Division proceedings justified a costs order.']

Ratio Decidendi

It was fair to order Mr and Mrs Duncan to pay Aljayar Pty Ltd's costs in both proceedings because they failed to appear at the hearing without adequate explanation, Mr Duncan had participated in fixing a hearing date suitable to him, the Duncans' own proceeding was dismissed, and in Aljayar Pty Ltd's proceeding there was no defence to the rent and damages claim pursued at the hearing.

Court Disposition

Costs ordered in favour of Aljayar Pty Ltd against Mr and Mrs Duncan in proceedings 105061 and 105085.

Orders

  • ['Mr and Mrs Duncan are ordered to pay the costs of Aljayar Pty Ltd in proceedings 105061 and also 105085.' 'Such costs are to be agreed upon or in default of agreement assessed in accordance with the Legal Profession Act 2004.']