Abdel-Messih v Azzi (No 2) [2018] NSWCATAP 1

Abdel-Messih v Azzi (No 2) [2018] NSWCATAP 1

Despite the appellant's conduct supporting a prima facie order for costs, in the absence of evidence from the respondent of actual legal costs incurred, no order for costs is made.

Source-derived case information.

Parties
Appellant: Bishoy Abdel-Messih; Respondent: Tony Azzi
Jurisdiction
Australia
Judgment Date
03 January 2018
Procedural Posture
Residential Tenancy Appeal / Appeal Panel—costs Determination
Outcome
no order as to costs
Legal Topics
Breach, Sub Lease, Termination, Stay of Possession, Special Costs Orders
Residential Tenancy Costs Breach Sub Lease Termination Stay of Possession Special Costs Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bishoy Abdel-Messih

Appellant

Tony Azzi

Respondent

Procedural Posture

Residential Tenancy Appeal / Appeal Panel—costs Determination

Legal Issues

  1. 1 Whether special circumstances exist warranting an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether costs should be determined on the papers or following a hearing

Ratio Decidendi

Despite the appellant's conduct supporting a prima facie order for costs, in the absence of evidence from the respondent of actual legal costs incurred, no order for costs is made.

Court Disposition

no order as to costs

Orders

  • Pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW), dispense with a hearing on the question of costs.
  • Make no order as to costs of the appeal.