Chen v Metrix Development Pty Ltd [2021] NSWCATCD 87

Chen v Metrix Development Pty Ltd [2021] NSWCATCD 87

The Tribunal found no special circumstances existed to justify departing from the usual rule under s 60 that each party pays their own costs. The Landlords' conduct did not unnecessarily disadvantage the Tenants, and Rule 38 did not apply as the amount claimed was not over $30,000. The Tribunal was not satisfied that any part of the proceedings was frivolous or vexatious or lacked substance.

Parties
Applicant: Hong Yan Chen; Applicant: Wei Dong Liang; Respondent: Metrix Development Pty Ltd; Respondent: Anthony Metledge; Respondent: Lauren Metledge
Jurisdiction
Australia
Judgment Date
12 August 2021
Procedural Posture
Application for Costs After Withdrawal of Proceedings / Post Dismissal; Determination of Costs Application on the Papers
Outcome
Application for costs dismissed; each party to pay their own costs
Legal Topics
Costs in Tribunal Proceedings, Special Circumstances for Costs Awards, Termination of Residential Tenancy
Tenancy Civil Procedure Costs in Tribunal Proceedings Special Circumstances for Costs Awards Termination of Residential Tenancy

Case Brief

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Parties

Hong Yan Chen

Applicant

Wei Dong Liang

Applicant

Metrix Development Pty Ltd

Respondent

Anthony Metledge

Respondent

Lauren Metledge

Respondent

Procedural Posture

Application for Costs After Withdrawal of Proceedings / Post Dismissal; Determination of Costs Application on the Papers

Legal Issues

  1. 1 Whether special circumstances exist under section 60 of the Civil and Administrative Tribunal Act 2013 warranting an award of costs
  2. 2 Whether Rule 38 of the Civil and Administrative Tribunal Rules 2014 applies to proceedings
  3. 3 Whether the conduct of the Landlords justified an award of costs

Ratio Decidendi

The Tribunal found no special circumstances existed to justify departing from the usual rule under s 60 that each party pays their own costs. The Landlords' conduct did not unnecessarily disadvantage the Tenants, and Rule 38 did not apply as the amount claimed was not over $30,000. The Tribunal was not satisfied that any part of the proceedings was frivolous or vexatious or lacked substance.

Court Disposition

Application for costs dismissed; each party to pay their own costs

Orders

  • An oral hearing on costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).
  • Each party in the proceedings in the Tribunal is to pay the party's own costs.