Lotz v Coco Chocolates Pty Ltd (No 2) (RLD) [2013] NSWADTAP 56

Lotz v Coco Chocolates Pty Ltd (No 2) (RLD) [2013] NSWADTAP 56

It is fair to require the appellant to pay a substantial proportion of the Respondents' costs at first instance and on appeal, chiefly due to the substantial disparity between the relative strengths of the claims, and the largely unmeritorious nature of the appellant's case, as established under s 88(1A)(c) of the ADT Act.

Parties
Appellant: Debrah Ann Lotz; First Respondent: Coco Chocolates Pty Ltd; Second Respondent: Rebecca Kerswell
Jurisdiction
Australia
Judgment Date
23 December 2013
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
The appellant is ordered to pay costs to the respondents for proceedings at first instance and on appeal.
Legal Topics
Retail Leases, Costs in Tribunal Proceedings
Commercial Law Property Law Retail Leases Costs in Tribunal Proceedings

Case Brief

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Parties

Debrah Ann Lotz

Appellant

Coco Chocolates Pty Ltd

First Respondent

Rebecca Kerswell

Second Respondent

Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 Whether it is fair to award costs against the appellant for proceedings at first instance and on appeal under section 88(1A) of the ADT Act
  2. 2 The proportion of costs to be awarded in commercial retail lease disputes

Ratio Decidendi

It is fair to require the appellant to pay a substantial proportion of the Respondents' costs at first instance and on appeal, chiefly due to the substantial disparity between the relative strengths of the claims, and the largely unmeritorious nature of the appellant's case, as established under s 88(1A)(c) of the ADT Act.

Court Disposition

The appellant is ordered to pay costs to the respondents for proceedings at first instance and on appeal.

Orders

  • The Appellant is to pay to the Respondents the amount of $11,600 on account of their costs of the proceedings at first instance.
  • The Appellant is to pay to the Respondents the amount of $6,700 on account of their costs of these appeal proceedings.