Alramon Pty Ltd v Jonamill Pty Ltd (No 2) [2009] NSWADT 302

No circumstance under section 88(1A) makes it fair to order costs against respondent; neither party's conduct or claim justified departure from general rule that each bears own costs.

Jurisdiction: Australia
Judgment Date: 07 December 2009
Procedural Posture: Application for Costs Following Substantive Orders / Post Judgment (costs Determination)
Outcome: each party to pay its own costs
Legal Topics: ['costs in Tribunal Proceedings' 'exercise of Lease Renewal Option']

['retail Leases' 'administrative Law'] ['costs in Tribunal Proceedings' 'exercise of Lease Renewal Option']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Costs Following Substantive Orders / Post Judgment (costs Determination)

Legal Issues

1 ['whether special circumstances exist to award costs under section 88(1A) of the Administrative Decisions Tribunal Act 1997' "whether the respondent's conduct or claim justifies a costs order"]

Ratio Decidendi

No circumstance under section 88(1A) makes it fair to order costs against respondent; neither party's conduct or claim justified departure from general rule that each bears own costs.

Court Disposition

each party to pay its own costs

Orders

['Each party is to pay its own costs in the proceedings']