G & M Dawson Pty Limited v Cripps & Ors (No 2) (RLD) [2005] NSWADTAP 3

G & M Dawson Pty Limited v Cripps & Ors (No 2) (RLD) [2005] NSWADTAP 3

The appellant's application for costs was dismissed because simply incurring legal costs to correct errors of law does not constitute 'special circumstances' under s 88(1), and nothing in the cited authorities supports awarding costs in such circumstances within the Retail Leases Division.

Parties
Appellant: G & M Dawson Pty Limited; First Respondent: Michael Lance Cripps, Executor of the Will of the late Kerrie Frances Cripps; Second Respondent: Madonna Kaye Jones; Third Respondent: HG & R Securities Pty Limited
Jurisdiction
Australia
Judgment Date
01 February 2005
Procedural Posture
Appeal / Post Appeal Application for Costs
Outcome
Application for costs dismissed
Legal Topics
Costs, Retail Leases, Remoteness of Damage
Administrative Law Commercial Law Costs Retail Leases Remoteness of Damage

Case Brief

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Parties

G & M Dawson Pty Limited

Appellant

Michael Lance Cripps, Executor of the Will of the late Kerrie Frances Cripps

First Respondent

Madonna Kaye Jones

Second Respondent

HG & R Securities Pty Limited

Third Respondent

Procedural Posture

Appeal / Post Appeal Application for Costs

Legal Issues

  1. 1 Whether 'special circumstances' exist under s 88(1) of the Administrative Decisions Tribunal Act 1997 to warrant an award of costs
  2. 2 Application of costs principles in retail lease appeal proceedings

Ratio Decidendi

The appellant's application for costs was dismissed because simply incurring legal costs to correct errors of law does not constitute 'special circumstances' under s 88(1), and nothing in the cited authorities supports awarding costs in such circumstances within the Retail Leases Division.

Court Disposition

Application for costs dismissed

Orders

  • This application by the Appellant for an order costs in the appeal is dismissed
  • No order for costs on this application