Dimitrou v Accardo [2022] NSWCATCD 1

Dimitrou v Accardo [2022] NSWCATCD 1

The respondent's costs application was dismissed because the transfer from Local Court to Tribunal included a 'no order as to costs' provision, finalising all costs issues in the prior court proceedings. Additionally, insufficient evidence existed to establish special circumstances under s 60(2) NCAT Act warranting an award of costs.

Parties
First Applicant: John Dimitrou; Second Applicant: Anna Dimitrou; Respondent: Cathy Accardo
Jurisdiction
Australia
Judgment Date
08 February 2022
Procedural Posture
Application for Costs / Post Withdrawal, Determination of Costs Following Dismissal
Outcome
Respondent's costs application dismissed
Legal Topics
Costs Application, Special Circumstances Under NCAT Act, Retail Leases, Tribunal Procedure
Costs Commercial Law Costs Application Special Circumstances Under NCAT Act Retail Leases Tribunal Procedure

Case Brief

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Parties

John Dimitrou

First Applicant

Anna Dimitrou

Second Applicant

Cathy Accardo

Respondent

Procedural Posture

Application for Costs / Post Withdrawal, Determination of Costs Following Dismissal

Legal Issues

  1. 1 Whether a hearing in relation to costs should be dispensed with
  2. 2 Whether costs should be awarded to the respondent due to special circumstances

Ratio Decidendi

The respondent's costs application was dismissed because the transfer from Local Court to Tribunal included a 'no order as to costs' provision, finalising all costs issues in the prior court proceedings. Additionally, insufficient evidence existed to establish special circumstances under s 60(2) NCAT Act warranting an award of costs.

Court Disposition

Respondent's costs application dismissed

Orders

  • A hearing is dispensed with in relation to the respondent's costs application.
  • The respondent's costs application is dismissed.