G & M Dawson Pty Limited v Cripps, Jones & Anor (No 2) [2005] NSWADT 14

G & M Dawson Pty Limited v Cripps, Jones & Anor (No 2) [2005] NSWADT 14

There were no special circumstances justifying a departure from the usual rule that each party bears its own costs in retail tenancy disputes before the Tribunal. The Applicant was entitled to interest at the District Court rate from 28 June 2002 on the ordered sum, as compensation for being deprived of those monies.

Parties
Applicant: 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: H G & R Securities Pty Limited
Jurisdiction
Australia
Judgment Date
03 February 2005
Procedural Posture
Application for Costs and Interest Following Substantive Proceedings and Appeal / Post Appeal Remittal on Costs and Interest
Outcome
Each party to bear its own costs; First and Second Respondents jointly and severally liable for interest on ordered amount from 28 June 2002 at District Court rate.
Legal Topics
Costs, Interest, Special Circumstances, Assignment of Lease, Tribunal Discretion
Retail Leases Administrative Law Costs Interest Special Circumstances Assignment of Lease Tribunal Discretion

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Parties

G & M Dawson Pty Limited

Applicant

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

First Respondent

Madonna Kaye Jones

Second Respondent

H G & R Securities Pty Limited

Third Respondent

Procedural Posture

Application for Costs and Interest Following Substantive Proceedings and Appeal / Post Appeal Remittal on Costs and Interest

Legal Issues

  1. 1 Whether there are 'special circumstances' justifying an award of costs under section 88 of the Administrative Decisions Tribunal Act 1997
  2. 2 Whether interest should be awarded on the sum ordered, and from what date

Ratio Decidendi

There were no special circumstances justifying a departure from the usual rule that each party bears its own costs in retail tenancy disputes before the Tribunal. The Applicant was entitled to interest at the District Court rate from 28 June 2002 on the ordered sum, as compensation for being deprived of those monies.

Court Disposition

Each party to bear its own costs; First and Second Respondents jointly and severally liable for interest on ordered amount from 28 June 2002 at District Court rate.

Orders

  • Each party is to bear its own costs of these proceedings.
  • The First and Second Respondents are jointly and severally liable to pay to the Applicant interest on the whole of the amount ordered in these proceedings. Interest is payable at the applicable District Court rate from 28 June 2002.