Behl v Hurstville Retail Pty Ltd (No 2) [2010] NSWADT 234

Behl v Hurstville Retail Pty Ltd (No 2) [2010] NSWADT 234

Applicant’s repeated rejection of commercially favourable settlement offers and failure to engage meaningfully in negotiations amounts to unreasonable conduct justifying indemnity costs from 23 June 2009; costs are otherwise to be paid on the usual basis prior to that date.

Jurisdiction
Australia
Judgment Date
30 September 2010
Procedural Posture
Commercial Dispute – Retail Lease / Post Substantive Decision, Costs Determination
Outcome
Applicant/Cross Respondent is ordered to pay the costs of the Respondent/Cross Applicant on the usual basis up until 23 June 2009 and thereafter on an indemnity basis.
Legal Topics
['costs' 'offers of Settlement' 'indemnity Costs']
['commercial Law' 'retail Leasing'] ['costs' 'offers of Settlement' 'indemnity Costs']

Case Brief

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Procedural Posture

Commercial Dispute – Retail Lease / Post Substantive Decision, Costs Determination

Legal Issues

  1. 1 ['Whether it is fair for the Tribunal to order the Applicant to pay the Respondent’s costs, including on an indemnity basis; Whether rejection of settlement offers justifies indemnity costs; Application of s.88 Administrative Decisions Tribunal Act 1997 regarding costs in commercial proceedings']

Ratio Decidendi

Applicant’s repeated rejection of commercially favourable settlement offers and failure to engage meaningfully in negotiations amounts to unreasonable conduct justifying indemnity costs from 23 June 2009; costs are otherwise to be paid on the usual basis prior to that date.

Court Disposition

Applicant/Cross Respondent is ordered to pay the costs of the Respondent/Cross Applicant on the usual basis up until 23 June 2009 and thereafter on an indemnity basis.

Orders

  • ['The Applicant/Cross Respondent pay the costs of the Respondent/Cross Applicant on the usual basis up until 23 June 2009 and thereafter on an indemnity basis.']