Braidford Pty Limited -v- Robinson [2002] NSWADT 126

Braidford Pty Limited -v- Robinson [2002] NSWADT 126

The reasonable lease preparation costs payable by the Applicant Lessee were the amount fixed after costs assessment, namely $2,201.50. The Respondent Lessor could not recover the Costs Assessor's fees from the Lessee because, in a solicitor/client assessment, there was no legal basis for requiring the client to pay the costs of the assessment, and the Retail Leases Act could not be used to recover those costs indirectly. No special circumstances justified a costs order, including by reason of the settlement offer, because the Applicant Lessee was substantially successful compared with the amount claimed and the offer did not improve upon the assessed outcome in a way favourable to the...

Jurisdiction
Australia
Judgment Date
19 July 2002
Procedural Posture
Claim for Relief From Payment of Money / Principal Matter
Outcome
The Applicant Lessee was ordered to pay the Respondent Lessor $2,201.50 as the proper lease preparation costs; the Lessor's application for a costs order was denied, with no order for costs and no order for interest if paid within 28 days.
Legal Topics
['lease Preparation Costs' 'costs Assessment' 'solicitor/client Assessment' 'costs Orders' 'special Circumstances' 'mediation and Settlement Offers']
['retail Leases' 'legal Costs' 'administrative Law'] ['lease Preparation Costs' 'costs Assessment' 'solicitor/client Assessment' 'costs Orders' 'special Circumstances' 'mediation and Settlement Offers']

Case Brief

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Procedural Posture

Claim for Relief From Payment of Money / Principal Matter

Legal Issues

  1. 1 ['Whether the legal and other expenses claimed by the Lessor for preparation of the retail shop lease were more than a reasonable sum payable by the Lessee under the Retail Leases Act.' "Whether the Respondent Lessor could recover the Costs Assessor's fees or obtain a costs order against the Applicant Lessee under section 88 of the Administrative Decisions Tribunal Act." "Whether the Lessor's settlement offer created special circumstances justifying an order for costs."]

Ratio Decidendi

The reasonable lease preparation costs payable by the Applicant Lessee were the amount fixed after costs assessment, namely $2,201.50. The Respondent Lessor could not recover the Costs Assessor's fees from the Lessee because, in a solicitor/client assessment, there was no legal basis for requiring the client to pay the costs of the assessment, and the Retail Leases Act could not be used to recover those costs indirectly. No special circumstances justified a costs order, including by reason of the settlement offer, because the Applicant Lessee was substantially successful compared with the amount claimed and the offer did not improve upon the assessed outcome in a way favourable to the...

Court Disposition

The Applicant Lessee was ordered to pay the Respondent Lessor $2,201.50 as the proper lease preparation costs; the Lessor's application for a costs order was denied, with no order for costs and no order for interest if paid within 28 days.

Orders

  • ['Pursuant to Section 70 (1) (a), the Applicant Lessee is to pay the Respondent Lessor the sum of $2,201.50, being the proper amount to be paid as lease preparation costs.' 'No order for costs.' 'No order for interest if paid within 28 days of the date hereof.']