Adwell Holdings Pty Ltd v Ull Pty Ltd [2010] NSWADT 166

Adwell Holdings Pty Ltd v Ull Pty Ltd [2010] NSWADT 166

It was fair to award costs to Adwell Holdings Pty Ltd because Ull Pty Ltd repeatedly failed to comply with Tribunal timetables and directions without reasonable excuse, causing adjournments, unnecessary appearances and correspondence, disadvantage to Adwell, and prolongation of the proceedings. Adwell's outgoings claim was successful and relatively straightforward, while Ull's unsuccessful unconscionable conduct application occupied most of the hearing time and was the weaker case. Both parties were commercial entities, represented, and experienced in retail lease agreements and negotiations.

Jurisdiction
Australia
Judgment Date
01 July 2010
Procedural Posture
Retail Lease Proceedings; Costs Decision / On the Papers After Substantive Tribunal Decision and After Appeal Panel Refused Leave to Appeal Out of Time
Outcome
Costs awarded to Adwell Holdings Pty Ltd against Ull Pty Ltd on the ordinary basis.
Legal Topics
['costs in Tribunal Proceedings' 'failure to Comply With Tribunal Directions' 'unreasonable Prolongation of Proceedings' 'unconscionable Conduct Claim' 'outgoings Under Retail Lease']
['administrative Law' 'retail Leases' 'costs'] ['costs in Tribunal Proceedings' 'failure to Comply With Tribunal Directions' 'unreasonable Prolongation of Proceedings' 'unconscionable Conduct Claim' 'outgoings Under Retail Lease']

Case Brief

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Procedural Posture

Retail Lease Proceedings; Costs Decision / On the Papers After Substantive Tribunal Decision and After Appeal Panel Refused Leave to Appeal Out of Time

Legal Issues

  1. 1 ['Whether the amended s.88 of the Administrative Decisions Tribunal Act 1997 applied to the costs question.' "Whether it was fair to award costs to Adwell Holdings Pty Ltd having regard to Ull Pty Ltd's conduct of the proceedings, prolongation of proceedings, the relative strengths of the claims, and the nature and complexity of the proceedings." 'Whether costs should be ordered on the ordinary basis or whether each party should bear its own costs.']

Ratio Decidendi

It was fair to award costs to Adwell Holdings Pty Ltd because Ull Pty Ltd repeatedly failed to comply with Tribunal timetables and directions without reasonable excuse, causing adjournments, unnecessary appearances and correspondence, disadvantage to Adwell, and prolongation of the proceedings. Adwell's outgoings claim was successful and relatively straightforward, while Ull's unsuccessful unconscionable conduct application occupied most of the hearing time and was the weaker case. Both parties were commercial entities, represented, and experienced in retail lease agreements and negotiations.

Court Disposition

Costs awarded to Adwell Holdings Pty Ltd against Ull Pty Ltd on the ordinary basis.

Orders

  • ['Ull Pty Ltd pay the costs of Adwell Holdings Pty Ltd in both matters on the ordinary basis.']